| Show RENDER TARDY 1 JUSTICE the decision if the a court coort in ia the ci cai is bl adri elti cita bait which we print todi to di arliser yr liser interest alla ian i port ancoin say adil appeal froza khz third district court I 1 brudge amorton p pret re siding idin during daring a temporary tomp onry absence ot of judge me md eton and the property properly consi Jera liau indol T ed is estimated at t a q quarter aar of a million dollars the ms case hoi has been in ia litigation nearly j or quite three years gnjec kaiemon held tho the case cao under advisement fourteen mouths moat hii to lo the serious detriment of ct the rightful ti and then 11 only odly rendered ronde roi on the isit of a mandamus from the lue tiler altar sue such h extraordinary conduct on the ha rt part of 01 the fa judge deo induced llo suspicion of corrupt motive rod nd irben tho the was florally lender cl ca tomo game af pf of she ihn were in such each direct conflict with tho the evidence that tho the suspicion of 0 dishonesty was waa confirmed and judge liu his been by miny many an aa unfit mm man to sit bit upon the lie bench tho the appeal was gilt first board beard in thi the supreme court of the tao territory during tho the zone term or of IM 1875 lion david r I 1 lave chief justice after hearing tho the case tho the court took a recess nod and judge lowe went east ou on a summer sam mer docili ou first ing in court coart tint that he bo would weald render a cociu on oa aa september 1811 of that year but bat in the meantime his hia honor rem resigned his hii chief ju and no DO decision becis iia twits win given jadda whito white was appoint ol to euca oed a but lo la proved such a dro Ct cal limity to tho the choln tuf fering community com manity that n no attorney would bring brine a cue case barbro him who desired a righteous 10 in id tho January term of the lio supreme court this lail cs can wits amnot not brought ur michal being appointed IM to 0 o succeed whito white on oa the ho su sa promo bench of 0 utah we have noy now u jurist floso LOEWY hot cay and of kod and respect in I 1 a lc bioda adS of all U accord ho 13 casa wm was isolated catered on oil the joan jano calendar was ogain argued irith wo care and learn log by bj counsel on both sides fides I 1 and judge barteman Eor Bor caiD teman brota tho the decision tho the chief justice concurring judge emerson we wa believe it at his hia leisure Itis nrc has baa promised pro to write a du dis seating opinion opi oloa the deci is 38 i is witti irith great perspicuity and aid is an ad able liw law argument thi ot of thi the inferior coutt court is ii reversed the act of con drosi govorow go town towa sites is ia grit first ex aej it 13 that when this thia city wl was first celt settled and tho the title it was wa surveyed aal laid hid oat under the directions ot at brigham young who claimed eia loiTe control by willa willaid nod dud othera the tha east half of tho the lot now known la tho the emporium corner was turned over to joseph cain cr io lor for a don and tho the publio publia records show talt this thia property ww WM conveyed to the latter as ai a homestead no ho ex erched ot of ownership over the halt lot it was in ia his hia name rua and he bo paid taxes on tho the same sam till ill his bis doia in hi his s will he bo bequeathed tho the property jointly to his widow and ana two tiro minor children tho the former to charo as Is a co hair boil until her mar lingo or death whoa her portion would rovert to tho the heirs tho the minority inin of the ob children ildron bad under the absolute belate rulo rule of ofin brigham ediin young the property was hiis divided up and said bold to different under a decree ot of tho the probate court thus ehni defrauding the tha loire a ot their rightful right tal inherit wood it 19 is shown in tho the d decision i that tho the property pra porty being deeded as a it was exempt froni from til all claims and aad accruing ac aming after alito llito I 1 bolta toes doaty la and d that when tho the 11 court ma ade do sri in order to toll bell rail vista estate 1 tho on order via M granted OIL oa a fall ile tta undo made tolbo and that it exceeded its ilo authority tn famili milice og tuch much braer the ube the heirs of jose lill biln talo exceptions to the iho vl of the district court and the moat OA material Mat crial errors are arc cidna as follows follow fol lown 11 Z lat that tho the hora of the dece lecoquil iToi 0 ciU aau soon liter after the death of alio 21 0 their light il if tha over hal had nay and WO up PO OssiOn of 0 tho prop orty orly 1 21 tint that portions por lions LiOUS of 0 tho the half loti lot borly in the of tho have been bold antl possession delivered to the ibo persons pc racina named in the he 1114 moul slid and debrea tf of the iho court 31 that the vadious salo cab divisions of the haf lot have bato len been occupied bud anil noss cescil by various vadous persons in ia whom the 1116 title tillo ld 10 ibo several tub bub di visions ingerem in herem those alleged errora aro are quite minutely examined iota into and in ia every CASO case the exception is id found to lo be well taken is iii ia the ila ovid ce to show that tho the heirs their rights n ahli young it is true rue follimel a according to lid practice ol of devouring the hosic boudoi 08 of widows and or orp and mrs irn cain durat dant not dis dia prate lu lis raps olous claim she would have biro alca talen word ol of her leaders ilio eho sap as aa implicitly as if m aneal had tb of is ig shown 0 to o bo be il 0 boa the various sales ol of portions of the aro are then looked into ana aad they bey tiro are foulad to bo be invalid upon the alio authority of local tod sod united law laty gover nills much alad in regard 0 to o the ho occupancy on and ani tight right of iOu of 0 tho north aalf ol of the ibe cain a sif titling ot of abb evi decaco shows the whole on to la he be a fig lucaL says the bu couri jec ae aai wion on la 11 1861 judg dealer all U of bl bid chalm tate reet and aa em mj ato lo 10 said If fOwl cal 0 of f gro uarta 4 william Jen aloia capparo Map paro lb a I 1 young loial gadday hl toy riat to convey ai there loro ul ev a vey none DODO tho the judgment of the iho court is ii that hint th lb of bo be lower coarl bo be sell laj the ha heirs of cain are to he haa 0 O the iho title itlo m a too foo to lo the ilia properly this il i eminently to the iho com conr rau nun oily ity because lioon uso the reasoning ol of the court coarl conviction with it mild ui A arots wrong and ani bra aro tardily righted jud lu a he il further t proof of ini ilia acom a its a lawyer awl nl his ii 1111 iRAnt layalion lay olion to bil bit duties an ii 0 in n tho the 0 to very y y clear a elp ekpo expo a I 1 titika iti itaf of 0 a complicated complicate A mp at ca il end I 1 a per perplex nil ig i logoai i n 9 ease case we il derst tana ait it will ellb lie be Is st carried rr c d ui nil to id t tho the he S lorn court ol of old 11 unitta atit lt st states I 1 I 1 |
