Show 1 SUPREME COURT 4 REVERSES ITSELF i Changes Findings in Suit ol of olL L Felkner Against Dooly 1 DECISION FAVORS LATTER LATTERI I r CASE GREW OUT OP OF CHARLES DEAL DEALl l i ZU McCarty of the tho me court ba down a W Itt YI suit ot or William Ii H Felkner and o her or of the Charle Dick DickI m bY Nor Norton Norton ton now dead John E B Dooly tr stae Th The court In favor or of Dooly Doob JUstice Baskin dissenting Inthe courts for over a score of years year ever eor the thc death if N T Tie c dec deceased owned mine which lie ht had for to Mc and Dooly The latter latler was an aLleged friend o of Nortons and was made trustee or the estate by the de b fore he died dle After d death ath and DoolY their mortgage on the mine 1 I l Jb past due ue Dooly It is alleged R n C Chambers to bid In the nUne for him at the public tale sale for forthe II the amount ot of the mortgage Shortly afterwards creditors of Norton begun began V to present claims to Dooly for Cor settle mont arguing that as trustee of the estate he should pay them from the I sale of the mine Dooly answered It is alleged that there was wa wano I no money loft wh 1 to 9 pity t the I claims Dr Hamilton Nortons physician then brought suit for his a the In his JIS answer Doo 1 repudiated the in so fO far as asit it IL the Charles Dickens mint r Dooly Dooh had meanwhile sold the mine I to c is claim dt for hundred thousand dollars Dr Hamilton and other creditors of the e estate tate allowed fraud They claimed Dooly had bad xo no right trustee trustle under the law to deal in the property of the theesta esta estate without aC to the heir Doly said he had repudiated the trust so va not obliged to pay over to the state estate he from rom the sale ot of the tho mine to the eastern syn syndicate Nature ot of the Case CaseIn In the CASe decIded yesterday Felkner and others held mechanics liens against the mIne The supreme court decided that the statute ot of limitations barred barrei these creditors from om securing pa ment ot of their claim Dooly the court eald had announced to the world In his an anI sV awer er to the Hamilton suit a dozen or I more years ago that he had repudiated his trust in regard to the mine He really had no right to do this but Inasmuch as Felkner had waited twelve years before bringing suit against Trustee Dooly the bill bUl was voided by the statute ot of If Felkner had brought after the Hamilton case had been decided he might have been able to make good his claim The only redress felkner now has is to brIng suit Dooly aa e ot of the remainder of the tons property exclusive or of the mine JUdge Morse Mors o of the thc Third district Q r who trIed th case rendered a Fellner giving gling hint him no relief Justice McCarty states that Felkner may be able to sa satisfy Us f lis claims out of th the residue of oC t the e es tate it if the tb statute ot l does not b bar r his U lien lienThe n nTh Th The decision made y is 15 a modificatIon or of one handed 1 lait March J In 1 which the decision of JUdge Morse was ed The court re reverses verses itself in so far as It takes bt back cl what it said mat in deciding that the tho statute of limitations did not In regard to ari any of the estate the Charles Dickens mine min d The statute of limitation tE s a claim It If not presented within four after the trust Is repudiated Court N Notes otes I 4 JUdge ll yesterday rendered a du do i In Javor C C R Larson i against th North American Sa Savings Loan BUilding company and Edwatd B Graves receiver qUIeting title tO 10 tOa I Ia a pIece of lan land measuring rods the tho corner of lot block plat E I Salt Lake City surVey urh The woman mortgaged the to the association but paId the theo 1 o so 50 the land reverted to her I Ann M Hoge Hodge was granted I d a decree ot of divor divorce from ThomS s Hod Hodge e by I JUdge Hall Y on the ground of failure to p for lust last five years The couple wore marrIed Feb 17 1880 Upon motion attorney for or Dan tel Spencer Wallace the judgment he hes s cured against W L Johnson was set aside b by Judge Lewis yesterday and the case watt was dismissed ip in accord accordance ance with stipulation The jUd Judgment was seUl ed DY by default some time ago Action was vas brought to recover for goods good Ju Judge ge Lews yesterday heard testimony I many mony ln in the trial of Orson Hudson who I is charged with obtaining bt In ac by false Seven even witness witnesses es were examined for the state The defense offered no evidence and moved the court to instruct the jury to re turn a verdict f not guilty T The e ease case b bc continued thiS orning |