Show g M DE DEEDS DS ALL ll l H IN THE FAMILY a Transfers r nSf in n Ch 1 Are Related c 4 TOLD T LD IN AMENDED COMPLAINT I LETTERS LETTERS ARE RE REto to DElVED FROM DEPOSITORS 4 j The wheels of the law in the iler ca ce e Were n a few moze x ote whirls t L and n na aa a result amended cOmplaints In the ch l suits In e equIty were led flied In Ute the county count clerks office late ate it In the day by Zane v for the plaintiff Re celver It I R B An erson a against aln t Ernest ErnestF F and Emily Davis Ins ItIs wire wife and B H G Her Herman Herman man Cornelius D and Florence A his wife aDd Mar Mary wife or of B H Service was made on anti and accepted b by Senator J L Rawlins and andY j iv w Y Ray counsel for the defendants J The amended int of which a 11 copy COP follows charges the defendants with ha having ving conveyed certain pieces of real estate back and forth without any te consideration and prays pras that the property mentioned in the various arious deeds may be subjected to the payment I ot t the of the Insolvent t banker and asks for such suh other and further relief as to the court ma may seem equitable and to equity appertains r Text oi of the Complaint It Is po sible that an earl early disposition tion of the case ma may be made though many legal must be consid ered eret before the ft find d a aI In court The following IS a aI I cony of the complaint plaintiff complains of said I dOC and alleges That heretofore tot On the da or of October 1904 1901 he W was s dul duly appointed d b by the die dis district dietrict court In and for said county count and of oC the property In Inaction action and effects of B H private banker said defendant B H 11 was conducting n a private bank tag laS business s from Feb 10 1892 1830 until Oct l 10 or of receiving savings 1 and commercial deposits and andt t fr loaning the same and amI doing dohig a general banking That plaintiff on the da day of October 1904 1004 took the proper oath as receiver and gave the bond required by br braw bylaw law aw and b by the court and took or of aU all the chosen in action rights credits and assets of the said B BH H 1 1 banker us is aforesaid so far faras ItS as could then ascertain and on the tIa ot of December A D loot 1901 made fiat and filed In said court a written report and statement of the financial condition Including the property both real and per pernal personal nal man moneys eys Iii 01 action and ef effects effects ot of said B H private hAnker as aforesaid so far as he was able tu to discover the same at the date of filing th the o and also of at the indebtedness ur of said B lI It private banker for deposits liabilities and othor otho r de demands mands that all aIt or of the property rt In inaction action and t effects of said B H hanker banker as aforesaid being of about the value o of and the indebtedness of said caM B n IT AS private banker amounts to about id property es In Inaction Inaction action and 1 eff ts will not be sufficient to pa iv the he Indebtedness or of sId SAid B H private banker aft as aforesaid rith also ting to the payment thereof thenor the r real al estate hereinafter de In tb thIs complaint and an all the r real al estate or of said HAld B H 11 with all the AjI of if said ald B H Shet tl tier r banker will not b be b by a 1 um sum or of money mone S tv to pay All the indebtedness or of aid B 13 I 1 L LS a S hettler us UK private hanker banker aforesaid Property Is Transferred further alle alleges es that on the of March Marh B H S hettler hanker as aforesaid and Mary lila wire Ife executed and delivered to Ernest F 5 a warranty warrant deed to te the east t half of lot one rt 1 in block blO k six c 1 plat D Salt Lake City stir sur sury y h In Salt Lake count and aud State of Utah eon fifty ie square rods that the said Mary In and b by Said akl deed had simply a dower interest JUHt no flO oth and nd that B H a the owner of oC said Mid half lot that no con from rom said grantee Y F S hettler or from an any other r Pe person rOl foi him to said paid B IT H or orWar War ary his wife or either r of them The sa Id deed dd was a voluntary and acknowledged ed by fC on March larch I 1 17 and filed for record the same Ia day That at the date dale of nf said conveyance and delivery delhery the said B H as private priva banker for w wi In insolvent and had been En In Insolvent solvent for two years and mm has been n That p con ablo proportion of the flew JIOW ext existing a against caM saki R B II H u j banker as aforesaid to out and being more than thant t the value of the real e estate tate d dr de r ad d been Incurred before end and tUtt t kit at the time tim of oC the fl a delivery of BAld d deed to said ald Jrnest Ernt F and that the said B Jr H h Private banker as Ifo aforesaid kl did not ACt nf sufficient property and as aA esta BY a IA sumS um tow It to pay said Jd And thAt lAid ask erEd of said hi H 13 H relied upon pon the tact that the title tu to said property WA iras In Rid aeki H B ir H ar front from th the public rt records ord and that he JC to IM be t the owner o th the real estate att when the gave 1 him r rp re p That from rein lip up to a and l in 1897 the said real tate above W wea tEd in the name nam of and a the property rt of H B It H 5 and tax taxes paid by him and the titlE and ownership or of the Said reel f tatE upOn the public records of He said saki Salt Laj Iak e elt City and county in him fron 1 Dee 7 27 1 Jp to tn Marh B Iii l sod end plaintiff ane alleges that It work a hardship and a wron wrong said not to subject t IJ ld real to the pw nt of the debts o of said That Sit said I real PSt estate ate aho above pd in 18 of th the U of About 11 00 Other Property Signed Over on the t t da day or of October f 7 the said Mid Ernt st F axe e ut acknowledged and a power or of Hit torn to saul B 11 r and authorizing him for tor said t 1 F r In his name to make makes s I and deliver r sell re lease and convey the lands and tenements tenement or of P the said Ernest y F under suh terms and conditions condition and covenants as aR the said B H r ml might ht think fit that sM B H under such power ot of a attorney executed on the day dar f C A 1910 and acknowledged and 01 A ArIl U 14 1900 n a warranty t to G H son of said B H pee ot of said defendants to the f to owin described property at th the northeast corner of 00 one 1 I block 80 plat D Sit Lake City In Salt Lice Lake coon coun tv 1 nd ind state of oC and running thence south three 3 rods thence w west t five fhe rod c north three 3 rods rod thence ne east fh 5 rods to place of bt beginning anu aeA alec a one rod wide b bt by f t east and west j the e i crl f I land a along th the south Sl side si 1 t Id In AU lAke City In Salt Lake Lak and state or of tab That no con passed e at an any timE from said H T to sI Id B H ard his wire wife Mary ar or to either of them for tor said Mid conveyance or to or for tor Ernest Ft F or otherwise and tb same lame was simply a voluntary convey an p That while OO WItS was med In said deed as the con the same was as merel merely colorable and had no existence in fact and while a dwelling house houf was erected on said la last t described premises the cost of con the Amt same was was furnished by br said Hid B IT H private banker as aa aforesaid to about out BOO without an any from said G H tier and the remainder thereof by the States Mortgage torta e Trust company compan to the amount or of BOO and a mortgage given on SaId bald premises on April 17 noo to said company no part or of the principal of the Ula debt secured by said mortgage has ft ct een satisfied and the SAid plaintiff a as receiver aforesaid sald is willing and reedy roody azid offers to assume the payment of the amount due or to become due du on said mortgagE It if said deed deel shall be set a aside That said n B H 11 Sch though h he held helda a tOIl an Jr if said lot torn rom IT H Wails mayor of Salt Lake ity had lint lIot h had d the earns recorded end did not have ald deed recorded until untila a I 1 5 V day ay of April l ie dayrol I lowing g the tho execution n and d SURI suld mort I mortgage ga 1 Deeds P Passed Around That aid ald ErnestF Ernest P unmarried on Dee Dec ro 1001 executed ae ac and delivered to defendant Cornelius D B li a deed to the following described real estate to wit Commencing nt the southeast corner of oC lot it one I 1 block 89 plat D B Salt Luke City survey un anti and running thence west two and rode rod thence north six 6 rods thence east two and 2 24 rods thence south six 6 rods to the tho place ot of b con taming firt fifteen n 15 square rods also a aright 1 right of way to one rod In width by five rods east west adjoining the above aboc II land on the north side ther f fall all situated In Salt S Lake City Salt Lake county and statE of Utah being a 11 part I or of said half lot aforesaid Said deed was wati filed for lor record on thead the Ray day or of December that no consideration II passed P from aid kaId Cornelius D B r or from Crom anyone on his hiM alt t to said Ern Ernest t F that said ald deel wee was simply y voluntary Flint while there was I mt mentioned In said saki de deed d as s a O the sid s was colorable la Ir j jI dt a AE only and without It t any existence in I I on Iril 26 25 1994 1004 the said defendant Ernest F Sch made ade eXt exe executed acknowledged and d a deed to Emily Davis Davia his wife also defendant hermn conveying the following d described Corn Com Commencing two and lind 2 v rude r we west t of the south southeast corner of lot one 1 1 In 15 block fib D B Salt Lake Cit City survey In Salt Lake City SKit Salt Lake county state ot of Clah and running thence north six 6 rods tb thence nC west two Sand and 2 rods thence thene south 81 six G Grods rods thence east eRst two and C rods to the or of beginning Also commencing three 3 rods south of the northeast corner of said aid lot thence west eSt five 1 5 rods thence south sooth one 1 rod thence east five iJ 5 rods thence north one ii roil to the h place l of beginning n the ld re IK t tg v described one n rod d by five rods be being ing g subject to a iven to C CB naf B it and l C H all of which is situated in Salt Lake City Salt LakE count county and state of Utah the same being a art of s said halt lot aforesaid and that thaC while B 1 nd ether value was mentioned In mash said d deed last aforesaid as a consideration the seine am was eel col colorable and hud had no existence in fact anti and said deed l was simply volunta voluntary on the day of OC May IR 1909 1003 the said def defendant Cornelius D outdo f executed and ned ged a 1 warranty d deed ed to Florence A his wife also defendant con conveying the following described real estate Commencing at the southeast cor corner corner ner of lot one n bloc 60 10 pat 1 SnIt Salt Lake survey and run running ning thence west two and 2 rods thence Horth i six lx 6 rods thence t east a t two and 24 rode thence six si 6 rods to the place of b begin gln fling containing fifteen square rods of ground also a right of oC wa way one rod In width b by five rods east and west adjoin 4 1 1 h Inn the th north side situated in Salt Lake City and count county and state of That the said WId deed and conveyance was made with without without out an any consideration pas passing ln from said Forence A or from anyone on her behalf to Cornelius D B that the said deed was as simply voluntary that while a consideration of one dollar was mentioned In said ald deed that state statement meat ment was who II colorable and has no ex exIstence In fact that said deed was re recorded recorded corded on Ia 2 20 H 1904 and the said blound Is a part of the hill halt lot men mentioned mentioned above aboe Acts For Por All Creditors some af the c pt Or Orthe the saId B H private bank banker r wore were threatening to bring suits against the above named defendants to sUbject L C t r 1 j J fi r 1 o oK I K I w b I i t C fl j C l c C Cr r i lL tf ii TT Se Sees es jee BRIGHAM STREET RESIDENCE OP OF B R H I One of the Properties or Which Receiver R B R B Anderson Is Suing For the Banks Creditors Photo b by harry Barr I saId lands to the payment of their debts and cl claims imF respectively and It became nece necessary ary to bring this suit lull b by lh the plain plaintiff tiff as receiver ver t to prevent nt such cb cr creditors obtaining An undue e ov over r rother other creditors and to prevent nt II a multi mulU Policy of oC suIts snits tint that said property or ort orthe t the e reed thereof may be distributed and pro rate rata amun among the hors Inasmuch a as it is equitable and n necessary ry to subject the real e estate tale do de In this complaint to th the J o 0 the tbt creditors referred t to abo that aU all said con conveyances t except the Satee patent and the deed ot of Daniel H Wells mayor mayon o of Salt Lake LItke City may be beset set Fet aside and the laid aki real estat do df in SAid ane be subjected ld to the tbt payment of said creditors and In Inasmuch as th the plaintiff Is without An any ct remedy at lAW The Th plaintiff P prays that the said defend d enta re ma may an answer aU all and sin the allegations matters and thingS In the aforesaid complaint us der oath and that the court may render a de decree r setting aside the deed made by byI R F Ii H and Mary his histo wife to u Eret ErneSt 1 F and the said Hid teed Ernett Jrnest F by b B H H his attorney In fact to G H HS S hetter subject to the equity ot of the lofted Stae aed the sid said leed 1051 from Ernet Ernest F tt unmarred unmarried to Corn Cornelius D and the sid said deed from Ernet F leI br to Emily Davis his wife aiU the sid said ded deed from Cornelius D B to Florence Florente l A hIs wIe wife and the sid said property In sid said deeds may be subjected to the ft o sid said nd and for such other and fur further ther relief as to tbt the court may seem m equitable an ZA and to equity appertains Attorneys E for the Cherrington Ier attorneys for or B H and his bis second cond wie Elzabeth Elizabeth Parry I In the of the civi civil suits asked yesterday for an extension of time In which to file theIr answer to that corn com plaint and fe ten lays days additional ol hoe have hoeb b been en granted to them Lawer Lawyer I Is Sarcastic i It has ben been that B IL H ter tier during the twelve years he op orated the bank never drew any com for his services sug suggested yesterday by a lawyer Juwer that Mr Ir ought to te tUe a claim for sal salar salary ar ary nt at the rate or of a year ear The 00 thus claimed 1 It was furher further suggested might be set up as an as asset asset set Against the liabilities mod filed by the general creditors In other words Mr Ir would become a creditor against himself and by this meant might reduce his Indebtedness to a figure where he could liquidate and re resume sume Is If Ie the law per permitted hint hIm The queston question ha been bean frequently asked What did Ud do with al alt ile money that h 1 his is hands In her evening Mrs lr sd at af q 1 ione Y ws was lost t in making g loans f eo u reputable reputable men tan d to m t ther their obligations when the time came for th them to make goad good From the schedule of assets and Ua tin I b Ue It is found that the banker owe owes a round aura surl of against I which there apper appear note notes amounting to only the sum of 1030 Is covered by notes made mad by member members or of the bankers own family An overdraft ot or without ado ade quae quate security and made by the bank banker er himself Is Included In the men mentone mentioned tone 03 I It was als also sid said yesterday b by a red cred her who dots does not desire to ha have ve hi lis I name mentioned that invest Inest invested ed In real estate the frt first moneys moneys do de I 1 In the bank That was at the I time Ume whorl there wa was I a boom In Sl S it Lake properties and believed I that he woul would be The con contrary was as the the resul result The |