Show SINGER SIM STOPS THE SALE unrecorded lion lien on the copper plant WERE TWO DEEDS OF TRUST contusion confusion worse confounded by the injunction proceedings instituted by mr singer yesterday aldeme alleges that the hanauer Hii trust deed was not hot authorized by the directors and charges intentions to D defraud ef raud the ceaseless confounding and aw wretched muddle known is as the copier per plant Is again ina in a mess I 1 and the expected sale of monday which was to put a quietus forever on the turlin turbulence lence ot of the past la a postponed indefinitely the fact was made known through in an application mide in court yeter yesterday dar by sir mr R E T singer to enjoin the sale on tile tiie ground of tho the existence unrecorded ol of a deed of trust executed prior 0 o those on account of 0 which the salo sale was ito 40 occur details or of the appl application ca on are set bet forth below but heaven only can arow ro v what lies behind this suddenly document sir A who acts in the capacity ot of trust tru itis in ili connection blui v alth the sale refuses to explain when asked lor for a reason tor for the isic postponement ho he replied complications cat ions complications which cannot canno t be c explained ot of course we ha leave to obey b the order of the court in the llie matter of the injunction lie ife does not attempt ro 0 o destroy the inference that other com cain pleat lons than abo injunction have entered into the situation Sur surmise ailse on in the streets tt has 1123 it ii that thai tile the postponement Is a ruse of the green fiction action to regain control other opinions think tt lal it but an on mr singers part to gain bain time fline to secure chiw elf Li the loss of the large amount of money ie ae has invested in iff the plant but at any rate the sale under the deed of trust has been post postponed by order of the third DI district strict cout court and also it is understood under by nil an agre agreement ment entered into between tile the parties panics to 0 the foreclosure under the deed of trust in 1 which mr IIa Ila Is trustee sin mr SIN s SUIT in the suit which I 1 mr singer has lied filed he be prays that the recorded deed of trust under which the property was to have been bean sold be declai decia ed void and that an unrecorded deed of trust be declared a first lien on the othe property in this action the defendants are the salt lake city copper manufacturing company McCorn nl lak 1 co IV V S mccornick abraham IIa Ila as trustee otto andrew saks david slay may david may as trustee ti D joseph D I 1 S W peck harriet L green the standard smelting smelling Sm elting refining company dwyer crossgrove Crosas rove the gillete herzog man Com compaan and the northwestern iv wheel foundry company and the allegations are as follows aa mr ar singer first alleges that A han is trustee for W S mccornack McCorn lck in tile the sum of that one david slay ilay is trustee under the unrecorded trust truit deed hereinafter ear referred errea to and that D and joseph E shoe iberg are brokers and that the first named and david may are brothers fa n daiv a vv ile he then sets sels out that the copper plant company Is ereo erecting ting a large smelling sm elting plant in inthis this city which is not yet completed and alleges that a large sum of money will still be required tc complete it the property owned by the company is also set out and mr singer then alleges that in may 1994 the company was urgently in ili need of a large sum of 01 money for the purpose of continuing the building of their works and through its legally board of directors bar borrowed rowed from the tha plaintiff harriet tIL green L D and S W peck the sum of giving geving notes in the following sums 33 T singer harriet L green L H D beig 3 and S XV peck it being agreed hat ahat the company was to secure the notes by a trust deed upon the entire property which said trust deed was executed and placed in the possession of david may as 33 trustee WAS NOT RECORDED it was deemed advisable however tho the complaint goes on to state not to record the eald deed and it was not recorded in either i r of the counties in which v aich lne company lias has property mr singer next sets out the 75 owing to IV S mccormick McCorn lck and alleges that in september 1894 david may andrew saks and joseph B r 3 sha enberg ember assuming to act for the directors passed resolutions to the effect that the company should execute and deliver its certain several promissory notes lor for the following amounts payable in seventy days one for payable to A hanauer trustee one for 2200 payable to otto and une one for payable to andrew saks and david may it was also decided by resolution to execute a deed of trust to A hanauer IIa to secure said notes and also to secure the notes mentioned by the plaintiff the same to be paid in the following order W S mccornack McCorn lck otto andrew saks and david may alay after the payment of these notes the remainder was to be paid without preference or priority as follows L D S W peck harriet L green and IS T singer NOT KOT THE CORS having made these averments aver ments mentz mr singer then alleges that the acts of amay saks and were not the acts of the board of directors and that all their acts in connect connection lon with the attempt to convey the property of the company to A hanauer IIa as trustee were void and of no effect c also that ho bo did not know of these acts un until 11 long after the deed of trust had boon been recorded and never accepted the benefit it if any ass umed thereby y to have been conferred inferred upon him a and ad that at the time saks may and attempted to e execute said recorded trust deed to hanauer and for foil a long time prior thereto they had full knowledge of the unrecorded trust deed executed to secure the INTENTION TO DEFRAUD sir mr singer then alleges that tha t the said trust deed was executed and an recorded for the primary purpose ot of be securing curing the towing owing to mccornick but the next purpose was to 10 defraud him and glye dye undue and illegal advantage to saks and may the advertised sale bale which was to have taken place tomorrow to morrow Is next set up and tho the plaintiff avers vial that no ho has not requested hanauer IIi to eo sell the property e further that the recorded record deed 0 trust rust constitutes a cloud or on I 1 his title and that the sale and deed would con eti tute a further cloud HALF A MILLION lie he then alleges that haa 1128 been expended expanded upon tle the property and that the same la is now worth about that sum but that the company Is not at present in IL a position to protect itself even os as against due mccormick McCorn lck and it if the sale should take place the prop erty would te be laced and the rights of 0 plaintiff and other creditors would te be lost tile he further alleges though that hat if 11 his dote note and the other notes so scoured by the unrecorded deed of cr trust lien even after sic lie are re declared a cirit efm ar from a postponement ot of the th s sale a ailed and M prays that the same be hestral restrained he also prays that the recorded deed ot of t trust r be decimated declai decia ted ed null milli and vold void and that the unrecorded deel deed be decreed a farr rat t lien ilea upon the property upon tills this showing judge merritt ha has s I 1 sued a restrain n zer order to 0 proven prevent t the sale from froal lai taking jg pl place ace a and nd further de developments are anxiously ar interested ri parties par lies J cl and VA van n cott sutherland are mr tr singers sans ars at al korneys lor |