| Show SUPREME Ur COURT DECISION abi baij it lie conn lu in the coin cain cuir jn in alo diio coart of utah uenh territory june amo 1916 la in the matter of abo try lannom of joaeph a 21 CUD colo it ina R william Jena irge ot ai ar lol tor rl i roll to rtula of lot 0 block 0 c plat A ait L ao atly ly survey appeal from tho tha thiril third court bore man mHD I 1 J anstice delivered doliT Oreil the opinion ioD the coolest in this proc coiling is ia ft fr the iho title to certain leads lo 10 under the town bito to law of 0 congress tho the blasor of sou inka city holds tho the title in ia trust tor for tho the persons entitled under the of the ibo 1 tho the various parties to tile pro proceeding needing fiod filed their damn with tile alio PA court silk sir jog cg title the tha heirs belts ol of joseph cain decess od for title litlo to the whilo of cl tho the aitt heir hair or of lot 6 block 69 pt A salt lake city survey th tin other oilier claimed arse tinned ot of laid id bill half lot jot 0 oladine salme tarts eig pajo tug ill the aprobato court cossi lored all the claims together tad and amb emb divided the tha half lot amongst the p paitie IT ties cling on it division not being satisfactory an D was taken to lo ill ib court in ito iho court oart a fiali of facts was had bd said ud jUda sad and decree as ahe the lure DOt being batt Biti Bcd ith tho the motion of 0 the caje brict court have hats the bub eject ret by appeal ar peal to this const a motion for a now ad trill it having teon leon overruled ine tows SITE uv the main question tion is as to which of these claimant are occupant cu pant as cont by tho the 1 silo lif lag I 1 his statute was made for the iho r licho lief of tile ho ishii in hii tents of towns tow 13 bad and cit cilc ed upon the public doms doma a 0 it waa made 10 0 so go CUM care to who were occupant the legal title according to ahir rc respective interests inn rests to gito one the ilia right light to a conveyance coD vynce of 1 th I title it must mast appear abl ho be 18 a so n inhabitant ot of that hm ground to which bo seeks atile ati a liila le and have on an AInie in rost in the I 1 ro perly th tho to must man 1 9 actual oi not dot an begun and bield by becot t merely if a person resided upon a at 0 ground or coined on oil wa business bu loci upon mhd ground round jf sad and claimed the iho whole vt the iho or lot ho he night might hivo have title to the ibo whole unless tomo memo part be occupied pied by an toor at n el liming fight D to tho that title 0 thea then the ho question would arise as 53 to which exercised lots of ownership over tho the disputed ground first Cra taDd and to 0 o what extent tad and it that thai bo be settled nettled than was the claim ever or given giren up nod if 80 whose Ses elota la in rod clod faith tt at inched af afir er the ha abandonment ACTUAL wo do not that the iho law hw of C ctet milaim contemplated co chat bat a p piny i gc in claim title ti 41 more MON lota iota of parcels the thon to bo iu bollt diVidu idu illy ally pied otherwise oiher wise a cool 1 gala title litlo to 0 o IQ an no limited amount by not occupying it him bim belf air bat by arranging with various scots gents bit they hey mow move on to loti loll sod and hold lor for him bim mud aleso agents ta lay jay no d claim aid to title but let the ibo employer claim oil jaa employer might thin gain title tide to the vAl valarious rious or lots loia without ever being an aa i occupant or an inhabitant mud aud could prota m his hill limply schowine tho sho wine not net vr his pos ebion ioa bat posea siau bi other men for biche he never been such a pr pro 0 would bj bi tit sit wr war the very object of the law aia mida made for actual settlers nod and not lor for speculators peculator A min havion made a fae oy cy either cither for his residence or his bia or in ia tow follia way for his own up uio he bo may no doubt sell his hi right richt if post poss ossion hia bia nrc coco or right to government title tille but bus he h mut must hrs have bavo boen been eta bagood id good rait beasl bi and tho pur elicitor must mas lake ata po posic oleo aud and an aa occupant there is no DO baniz biogio in the ibe rula we tilliy down which prohibits contract coa tract loisea or of silea sales of such each inte interests but tiey llcy cm can only bo be nala malo to or with inhabitants ta who can IlL acome conle occupants if tho the right of pre creno in ia ob title is ia to bo be such sales leases and other contracts are ara not prohibited or discouraged by the law nor by the policy ol at the hw ibo cho government oaly says if tile tho cou contact tact bo be with oat oot not ao an iti ia babi bab ireat and who does doca not become so aa occupant such euch con coar act or sale w 11 II not to 31 in ia alcert 1 laing t whom the title I 1 ila bo g crotch crot doted cd A party ID a tf if any ench buell city or town tova iii will bo be pris timid to be so 10 in ia in ia his big own right lod for bu ova use su nd 1 wn fit aa nor til ill tho the contrary appears and the ponte sion of tho the ancestor whon when dy ID agis ja tho the possession of the heir alai I 1 leu ai the contrary thosa aro are sjma game of 0 too the which will control us in in ia the eximina ton of the merits menu anil and nalila involved lia la tho the proceeding at bar wr LOT whon when salt ball lako lake city was first set teil iho punoo WAS vis lail 1111 1 out or the laying ant dicta dictated td by dirham B ying willard Bi ilicia chardi ill gal an I 1 other IB 1 ash 0 9 to havo hava 1 nr control t 1 in milivoi mi liioi tha settlement shortly after the hut first bett lera camo came bad ill tofu was wa laid out certain parties pit liea alonz whom WAS willard It ichard were acro allowed to select portions A of tho the city each portion composed a of lot bolg or mocks blocks all in a body bady in ia 0 order ardor ts to distribute the ho lots 1013 to lo those whom they desired to hive hire near dear thena them it ap perit acara iott it lot 6 block ca was among the lots lot selected by willard richards Richi riia under this arrangement no turned the lie enit half bil ol of ibo ago lot over to ta joseph J cio cain and marked the boan bolan daty between the cas cast and wol fadl half he bo rave gave cain posu silon of a lome houie si sitar tailed cJ on tho the north lull half or of chii eal half land anil he had bad tho the fablio records made to show that this east aisi halt prop erty arty of 0 cain sad aad there heri is u evidence going to that fain cain bought and p paid aid for the half lot claim cain moved upon the kit and lived there until hia bid de still no exercised asta of ownership over oter ala halt ball lot and ana it WM was as acebed in his nimi news and lie ho paid taxes axes on do the tamo some until bu death boa and being so in polle sionI the tha I 1 orient of 0 tho he ethien is ia that ho he claimed the whole of 0 the ibo same bigue to lo the ibe bona darios of 0 tile hiu hilf lot on every 1 bide I de slid that his hia po and of 0 passion wore were recognized by richards barja and tho the publio public generally tho the heirs heim ot at willard Ili Bi harJa harde claim nothing now in allu edion not luring having appealed app but bat they haro baro made for portions of the bo disputed parts fills one to brigham ling baia young bud and OLIO to william the alio collict of which willbe ril bo considered hereafter at the death of Jot opla ceia cain he ha was in the kunii an led possession ol of 11 II of mail hilf halt lot jot although mrs mr udea ogden was waa living on CD the lot but she n no ownership of 0 the possession a and rid I 1 moved vs oil shortly after cains death or I 1 ine LOWER LOWEK coutair the the thai in ia the ho find iOK ol of abot by the district court there baa leoa been a falore to udd that brighten brigham young william Jent bentling ling 3 samuel astric st ring baillow aad Michol tn droesbeck Ur or either cither ol of theta them ever have bee boon a lia ia habitants of salt latta city or U tal I 1 territory the iho law BS as wo ive have stated requires tha ilia the lie vere cind claiming must to entitle them to deeds inhabiting was in a essential fact aall dd ghoul I 1 have been found the appo llanto further cl clim lim that thero there WM was a failure to fild bid that young jennings or Groob groosbeck beck ware in poet Casioa at the llie doto date of tile tho entry tho the uw jaw ri quires that tha clio parties or perhaps thoo under whom they have bien in in poi pi sewilla at the iho data of tho the entry by the ho M 1 1 y or it ani tn cagial aal 11 aol 1 1 str ird ilithe uio failalo to find lt thereon arcon wn was an error I 1 1 I lie ho appel loub tho the hor heirs of 0 joseph calo cale take except exemptions as to the findings offiel malo made b by y the Diat riot riat court aad cd ellego uco ilia t ilia material mi cratl findings lod logn to which they object as erroneous tire art sit follows collaw stated 1 I it in is found it sail 1050 fill cia cain ovir or the iho right of possession ot of roy mf portion por lilii of 0 the th north lull hall ol of the ibo east cast half of uld lot lob clr after lio lie into ino tho no oan U baij bij heirs rind representative as rice hia big dacasto acca o sarre and gave avo up beoh possession it II it is il found that bat portions por lioni ot at the south hall ball of tile tho cat ca t balf of SAM lot f in tho pos ot of tto the heirs of joseph omo odia have wen baen sold bad and tho the possession doli 0 the tb person named ita io tho the judgment anil dicoco to of tile the court with the particular de of 0 tho the por lion which each ws was now la 1 ros 03 session ol of end entitles to III it atia is loani billat that illat the tha north half of ito cast ball balf of paid lot hen has LOD beo LO D mili divided and the ho occupancy poes ision taj sea tight of 0 PO i linio have bean ia lotions and that the person i named to in too jud judg g went ment dil ad decree ol of the ibo coart are ro ILI ia and ninfi nit fi to II 11 casai sion bion of llin several biane line ot of laud givon given IQ ia with ich their names FIRST TIMOR the she first of th eo potato tho the alleged surrender of ot of the norh norb half of the e bet r t halt if ol of amid id lot by the iho loin heirs of jo josiph w p ll 11 gun CAID alter after joseph lin death wo we coo cooprider rider ii well taken for wo 0 o are an bia to dia il cover fans aito would warrant arrant the fin diot cot coit tinly to 0 I 1 lr r an tho the children of cale tro are concerned tucy tacy have an done mill ao thing that taut ivan I 1 J d Inal ini licato cato that lint thoy gave up or sur ur rendered any rights cibich they have to thih north hl hall the widow dil did not con rul this portion at 0 the althou sli lost cia had pia p ts ton of is 11 when be died she sha oad ead tint brigham I 1 oung claim climmo 3 I 1 it ii and she did not noi question ilia bis right for in days no one ona I 1 what their loaders dij did but bat as she use iho bo would tivo taken tho the word ot at thi the leat loaders lers in those din days as aa area dl p y as jaeho she an aa so ogel gel saah im im and faith in him were abused by brigham young and ho he used it to lo take laco nw aw ay iy y from this ibis eidew fal jow and lor lee ird act ch clel al I 1 dren property to 10 which he ha did no not III have the shadow of a right the finding therefore of a surrell der of 0 iain Dirl hi ball balf MO deem as TRE THE SECOND the second of thebo raw orial flad cod 0 boks O gs to which exception is aken has to a sale ealo which it uok took place or vor tiona or ol the bo djuth half which lol bal prior thereto been in eion of the ibo heirs of cale caio ono naturally nita rally conclude conc ludo lule from the rind iladine 1 0 of this finding chit tin heirs hall bid sold such each portions port iuna uns ni are refereed to or at lout least were piri 8 to some talo of tho the kind appears howe however vr irom from tho the cri ovi jenco lenco tho the partied referred reter rod to al a lit iving bv binn bin n a the said booth eilf acta 1 r eta nicholia Nio holia groesbeck nod and tho ln 8 f ri oct elor groes becks beck portion is ia rry etab ili being only sixteen 10 16 inches fi fronting cating oo on ent temple street and nj running bick back rods not a elili ary wiLl witness lesA wis introduced 10 lo support claim nor say any written or oril in ml I 1 there is afi an abao lao into viat riot ot of any on the iho point except an thereto in ia mrs caio cain a s t sti mony she eibing tha ilia ebo ads sold a elrio ofas 0 she ehe thought bt that width to lo mr broes beok beck evon then there is nothing IQ ia tho tha clidence to he show where this fix ax toon teen inches was VM or how hor loog tho the strip was w or that thai ahe io ever delivered the iho posse aloo of it to mr groesbeck Groes beok or Giro asbeck beyor vas ID nor is ia thoro there acy to that any interest of tho the children antea led to be conveyed nor in i a dod doa is ii there hero blog to show elo whether she sha sall 11 as an aa or administratrix or na as guir guardian dian a al I 1 though as it ii is 18 mentioned ia con n cc lion too with the ho silo to tho the gid to v i it might bo be ir darrod I 1 to 0 lava haro been a sale bale as 19 but upon this inference we could doi dot depond depend there ij therefore no to 11 mr claim so ad it 11 must four fall tat ine BOGUS thal tha lato are allo tod to them on tha ilia north or and ud 0 kai i a g the parcel allot tol to groeso beok a parcel of gromad last templo temple min hain street sixteen feet antl and three rat running laing back i vests ecat eight yoda rodal with tho the road priti lego icee on tile ilia west the road privilege was merely a consent circa circa by NV 3 richards mill eliza elii bath CUD cain as and without consideration and of course was wai a eab ab bolot to at any dy time even it if K a W Iti Rio birdi end and El cain caia hid had tho tight to make it 1106 the tring tollow follow brothers Broi hera claim their parcel ol of ground not including the ho roadway roid my under a ealo sad and dead fron a 8 w V richards Ric bardi and elizabeth CUD cain adain admin ot of joseph cain drzewi dro ewi nado imade in ia pura ot of an aa order of th tha a probate court coart adminis Admi ois rat 01 02 of the estate of ft joseph ca cra cali li deceased which was taken out oat more thau than ten years after hia deth sach u 14 the iho verbal verbell proof and there is il ti co 0 other her kindol cil proof any tion WEB was over ever taken out oat S W rich ards and elizabeth cio CAIO a 0 aiming to bo be admits adt ninis balora ra tora lora fibel heir petition lo in the tha probate court on nov lib tor for aa order to goll real upon the ground that the elcano was wag at that bat date data involved in of lolling moll money ey to orect butt thereon a chich interest is ij being paid and alo lie in B cons juencke ol al taxes abing while rents renta have been rapid rapidly 1 y lie ilo clining by which the obligations and the of tho the estate havo have to bo be mAnta inea there is ia no evidence abit when was talon out any jella debts or other obligations oi of abo dec deceased recessed essed unpaid i but bat on tho the ciot tty ile 19 richards Kich irja test testifies fies that bil no such al claims aims were ever presented to him and that he believed they were all paid out oat ot of tho the personal al effects of the iho deceased long buforo application was made dado to coll if the roal real estate and that tho the falls ealo was made to raise money for support cf c ilia to pay par for A i 11 II this kill red from three to tea lea years furj after cain i death and mrs mr cili cain says blixt tl lat uio lite ulo malocu wu net faa roalo lot tj i F ry y debts incurred by joseph 1001 chloi cain what interest alen macd III bile ilia nil and tho woman lir dit tho drobila court coarl is in in an inferior court ono ODO of at ted it 11 im |
