Show T H E TO casill so luil Text in fell lit 11 the case cae an ail Illian stive history of tile anlo affair onla inda decision alrh mill lurry roh gamont cla judge hunter yesterday deli vercil na all on in ilia to cose case lie he tic de citing in time firor or of tile I 1 un am the abc croudis 0 4 0 1 that ibata a plural mile 1 is tin no vimo ito A M fa all and 1 it tant the failed to give P proper C r notice thu opinion in rill full in IB us 1 T oa 1111 11 Ilo 1 1 r jb I 1 I 1 do not dot propose to lo CUSS ilio alto CI draco deraco at al I 1 octal in 10 ord to vindicate ilia bood uylous nt at which I 1 have or br ed lout but merely to state what they bre are X NUT I 1 ilo 10 I 1 I 1 I 1 0 to more or a ili ahn to 0 alio llio social 1 r havious a br enoca inoca janice end elize U th jama had bad at the time tho the alleged contract was fordha a legal a iio are living and from share nhom lie be was noa not divorced and who then loved lived with hloi him an such are tho the plaintiff THUI AM then hn h n livan nill h him no hr plum wile under the law no such mi flat co can tic be recognize dand ftc in paving up nibe question iti in ill abi is case I 1 will ill take lake no notice of the ihu tact net that she alio ana that rl fiort I 1 will M treat her bet als M ono one nul not ilia ho wife of james townsend the law go an trent hr her and terms her it in the year 1966 james towne nd eat 1 ml I tile the mcuri occupancy alicy of the ariy riy I 1 koon 0 SO the Tone ton end ay lie met aib launi him ills ii legal n lie 10 and nil tile I 1 ibell I bell 0 tow o ncnd nand agi iiii mccond or pluna w ifo lie then begun iho ih bastards of keeping K holo living there wilh 1 I fill these theme wo two onu 0 BA bi bid alid vi lie ire sad and tho the other ade his polygamous wile ami not one con tinged so 80 to lo IT a up to lo in tile tho year IW 11 Sn climo in 10 that me be took look a and wile tile tho tr simony develops IS e r pa lie tact that hat till lip to the at or this pur purpose pa a tall tid ad J 1 II iowa own don wad d a themselves towards 1 I th r all cum ad to nod and were ere building up ft bust octal alto aho pir forming tile duties of a landlady haij IS ile he ill of A load landlord nf I 1 the he h halel life the file legal cilc to behag old sod sell infirm took on no part bate ce in any an bof of abo of 0 cabe jhc J jim inic ted nm hnatio am 1 dis known to tf alio tit plean oliff taff ache maide objection to it as and threatened him bien with fill a divorce sad that she alio would learn him ir f lie he carried his purpose into inlo cicci lie ila most HID dined to go 0 o into another polygamous rein tion and it as a lie ilia i the iho alleged contract oa o A ia mood ado annl ahls was la in girock that if ibe milf cautious to live nl at lie lovna 1 ow end noti house and balad to jim lq dulny as bho bad the dr james lome mod to convel to one lair in in the real reno I 1 and pra prandal ODal and phe was ads to bato b to anc onelma bali io in nil all the pro falb ill the thead Tous cn ead tes im ulica in fallen tn io the ibo contract about as rol aliens lofts 1 I took a second plural go are beat it without content of contract n anns AS LITI orld into in aben I 1 my thord third wife fe Ilam tf le wt d to it site she stated to the itic property to I io o bretain ut mi over to ier ter I 1 wit with far birr that ll it she mould play red tha and arun run abc house an am she bed bad iloni dona bo be rare foro I 1 would convoy convey to lo her otic one half nit interest IQ in the whole concern con team S and n of eko should hivo hire one limit 0 at all a 11 HC vo a could make she agreed to in do it and did ill do M the null ficat to lo bout about life bacie purport and tit nl cast two other wito culaw testify that janice townsend bad on diver divan other long prior to the iho institution or of this suit re pealed to lo them that such a contract WAS made from the ibo testimony I 1 do not doubt this contrite contract was made tao of the who he have norn ore to lo it ore are ilia dis interested bailies and are and an if the hooper 11 an per and jon jen diem after an lea onory tending to it to lo all the world the plaintiff and nil lie admadt fe continuity to hold out of as man dinn aud and wife a ile they occupied i a E eaic alio leeping area H and from ought that appealed to I 1 ile contra contrary tho 1 fal I 1 that ho he bad lakin ft as plural je U ljra wire do oo no I 1 in al luicir f reha tums town 1 I in it set arl mi heiford aud and slit lie an landlady lind lindl lady arly luc that 1 io be her aipa cily of landlady ab abc AS fill th ind and assiduous and that thai ili il all pa P a per lispi IU ill tile rue or of tile n ale s and ahe d duties in ID and about the or of file hokl blue WAS the principal aud and loami gr alic I 1 ile gi giscla 1 coto bleat to io her fur file their wants manis aud ad th e sorva uld looked to lo her for their colors flod aa it employment to la fact it a is pretty ut t she WM we ih abc ruling am tit about baui tile bouse toe the bu stass ap p lo ID liaro lasso been profitable rod money so nu as mad I 1 vitro ilia ihu alleged contract contri ct as nas made t the lie title in the ibo not e con WM was sian ile he I 1 he nd was wn in file united ln himes I 1 mier the act or of con coa gres 2 1807 1 I I 1 bantered bt atUt nt at large larf ml 1 it wast ras ial a other property in silt lake city f try reacted nt at the gon gen i cral cr lend office in the manua r and pd for the lie I 1 pa pur pusca provided P c lu 1 mid net act by the mayor ul of said aid chiy ell vo ho he by kopten act of riling rating purporting to be a owl deed nad n rang date dale the iho day ot of slay in I 1 1673 ir a attempt to convey I 1 lo 10 of jancik sit own ad the leg 1 t ile the answer stairs that james town band ad to in the lh year yar 1 AA tama eal of tile llie hooper loopo nod and 1 lo 10 a eo cure iho kami executed two decyk or of trust on 00 ilia prope properly known all ibe townsend house that this indebted ceib do rr maUd unpaid up tip to bop imbe 21 18 when feitli fill the into cot it il amounted to tl 1 that on ined ad anat date data new not acm cro giten too fur for ellch and one no fur and a new dow deeded deed of trust a I 1 the morn properly to louto louig S hills and horace 8 eldridge its trustees trustee in 10 trust conditioned with willi apt provisions for the iho payment or tairi mid notes accord 1 log 1 in a be forms fcc dalam hint z eg on the 0 fifth or of september 1875 aid J jaina townsend made hr his note DIO for payable to lo the ibe order of C CC C cunningham and to secure the same fame a mortgage on thu the raid mid prom law S third do that on the JOIST of october said mado made hr his onto for poablo pa able lolio to the order or of bolivar roll c and nd to mine a mortgage morl gaps on ills be said pren fourth lint on be h lay of february abt said mid joules leased leaned the said anid I 1 for a term of two iera cars car t to uld said C C cunningham fifth that on tho the I 1 ilia tuy jay of or march I 1 1878 a judgment wat was obtained jaines townsend in tinor favor or of jennings for fri ew 75 aud cok 2 41 tiffi that on the of march 1676 a judgment a ni in 1 f Nn No lioDal Romill bank far 1 ab and id too COM 20 10 the note dole SO I 1 roberts for f iott anil and tho the go to lo the same was its teen tr am I 1 by k ald mid huberts Itu berLs to said mid aou I 1 liu received a credit on it 11 of a 11 part of tile die proceeds of jim aio to a harn th thc jhc baom 1 to 0 cunning bam won 0 the it ol oi february isn assigned in Ro hubert bertal bijj lid was a by brier ilia bulc to satere adored to jennings I 1 to of 2 1 to lo I 1 haid it acca reduced by cylc aul load i by ton 7 leaving a a bagnolo amo of ISI ITRA Wilc date had vl IAM as irnia ferrol by gold fund to lo fL fleri lri T jenning lio arcil annotator bac bair I 1 hereof to lo hooper in bevelled levelled level led ol 01 tit doebet naomd ibula HM 9 to joe jcu 1 r thus it il will ill iw ila teen abut blooper still laoo lue he holders of nil theli lutc enmon bind on april julif 1878 the property old 11 1 by the ibo ir acts hills sao nud I 1 to lo df ili riD deal daa jennings lr for the um sum of p VU fri 00 mud m a ilia ulli or of april tafu la they 10 lo sold jennings all the condou th abu kind aid james nil lind lied thereto on 00 ilia hie 2111 ri al ail lb J 1 I 1 he tell ruling Jur nalon ioD la in tile ile we come 1 in N flat me alic tho the title the ibo do dc fe 11 1 1 hial hail in I 1 iho A I prop cri Al alburn lUrn 11 braet ot un U ilief and at al the torto the it 1 ibi u teen ty by him to do ac ain fl alii 1 I 9 Q 10 t w broin min hooper iu in lo it ais 1 ITT b pr arn ir r anth in alii eabe abow ahal dc f belant To Rosend become became a the iho a PUT pur u chaser or flat properly termed train up parties arcs who lind had occult cd ll it for a number 1 I of 1 vann im an nod it whose a cerhit b had bell 1 b bet been ns as super sorto to ibo to a ajla rift Tits 11 of no all except abo L cited led 1 alx la 19 in a recent cue decided by 11 the it be dupine 1 I court or the I 1 dated Slat santia 1 I vao tile I 1 E court a in to ilia nature of a title earn al liar a to a th this speake i Miki or of it as a all aa to lo 1 iho in defila of she tow town ailo law IQ in case the property should al cold bo be purchased from tho the luitek by atio corporals corp oralo the pro ra of that law JAW the act or 2 11 1101 14 I 1 states BE Sl oHilea atit so 5 brov provides idea that tant the ho land ad as and ad occupied for to a tono silo may 14 entered mi at tile tho land 1 dot office TO ia trust rust fur far tun scrotal unit nod and benefit or of th iho oc cap 0 a lc r according to lo ahe I 1 re ducr 61 and aa hat tho the execl a tiia 0 or alio llio a trust rust shall bo be conducted on or such rules anil regulations tta as may inal be prescribed bed by the legislative author lly fly of the 8 low 4 or the of 1 uenh cancu d the abo lands so acquired IQ in trust should bo be cone eyed to the ri I 1 owners or poda session occupant or occupants or to uch net persons persona as might bo entitled to be or lawa ov pl jar 1 I S e m court of he united states slits io in the coal orco a ell as mcclel landle land it lQ al well beauf cue a arism g under B liw are of tile tory of color ado similar to aho low law a or I 1 tula this lim ury t ry held that the act or of congress creole tile trust in favor or those mho he at t tho timo was wai made were 1 I to tile lie occupancy cy at the imo a th the entry try or of the iho loads lands in this CASC calse was made under the tot act of i i I 1 i 11 march lJ lainie james inie towsend towo Towa end and 10 lo lie said I 1 Ton sod er up upon nill ilia lands sad aad occupying them thein as 1 I before A cd section 3 of lie I 1 till territorial act afta laeb lach and every per vm son or or ol of per bons eons or corporations cli climaxing maing in ila be the rightful evince or of seln occupant acceptant or or to bo be entitled tu lie hie OC occupancy or possession or such lands or to soy any lot block black altara or parcel ther toll shall within sac BIT nor tile first fi publication 1 con of 17 such aurb pua be being in g alto ibo nonce P provided raided form for 10 ma sin in NORAM of liy by its ins or oc their agent or sign a in jim c g an accurate W tire tion ot 1 tho he wo particular eular parcels or pirn or flood IQ it a v hach bo be eh 00 or r they claim to have till an lat crest and n nil the specific right interest or thereto which he be she ah or they claim chains to he bo entitled to rec reweave eave anil and delier tile the game to lo tuc ba ci clerk calls ol 01 1 the alto probate court or of the county in ID winch ido 1 I lou n or city is ia ted and the clrk fee ato or of said so it court cone t a tall enter BULB in a look book to bo be kept for that purpose and filo file aud anti preserve the same abc in hn his office noting tile lay day or of tiling filing he mang fili Dot of which statement shall be notice to lo oil nil ramons claim ing uny any interest in the lands described V 1 C of the learn claim of the party parly filing 10 team nod ad all persons failing to make and oliver all liver such jtb fill id A tho be time limited la in this lection shall be forever barred the belil of oc or reco ring such lino or any 1 interest 1 conat creseto cres or estate tto or lu any parcel or share hare thir cf lit in any c ourt of oflas law or guily quily 11 luo language of thu iho su SO ariale court of the hf milks 10 th alic cue ol of colloid vs mauli llund no 00 language could ix be more explicit lo 10 make the failure to deliver tit tho me fedt thin alto time a lar an ail absolute NIT hir to lo tile recorder of the ine same me boncer strong ingel IH lie equitable claim to alio llio ill land so eo loaf filet if nim MM toft Toua send hail had my right by virtue ol of hr br joint occupancy ui to the ilia land described 1 lu falls case call and the cont conart rt dod bad the did not dot maiert it 11 lu a tho be provided by the to lonn a site lie mi act lobe is as barred la in her leall mody my abc a bays klinl let she did oot not mako make my ny 1 I to lamort her face ader that law jew because she eh lind bad tho the moot anol im licit confidence that the allies lots take biko to of her or and tho the fuel that flint jam jamck townsend Town received the ilia mayors deed or ft 0 hat bat purports to be a deed shows shams ho up bis occupancy nori his right thereto 11 ahu jhu he right which the pl intall nod ad do dc Ica dAnt jamesa a besl a OH briend had bad nu as 89 the supreme court of the united buttes has baa decided n no inch ale a right in tile the benefit of tile tou low law in came tile iv should be purchased from abc loola L a test blutza by ilia alio corporate corp oralo so RU thor thirties ties under tinder alto ho provisions of the law I 1 alic he right was 1 DOI I JU iu t the be land but in tile locaL lILS or of I 1 alic he mw 09 b law an ad bat too loo U upon 1 11 alio llio as set arl of if by alic to dalian tifft t I 1 he right nos vo as not net an cUlta blu right t in lie ipaty prop Lity james jam tono teen vad TV tamp mp suid lad no right 1 la to life properly YU as the title ol of tile the benl the oo 00 eminent held heid t tho I 1 a legal title but bu t it at creadel create ila a romi lego in ia favor of nn an occupant as out sa leaving tho the question quo tion or of attic t mutation or of tile tho oc 0 to bo be to ia the man mail nor by is lan by ilia ibo probate coil bourl L until L atil the act of it Coo compress press ere cre at abed the trust ill favor of those who alio at the time the entry was made were viere oc cu tinnis or a r untilled cn tilled to 10 the occupancy ci they only had bad what might be called naked p s m I 1 n congress Loo greas sa ill ht to reg i mere naked PD poi aam sad and pro provided aided a whereby been bockum mho of it tho a powes BD title might be acquired by the custom of tile liu coun conn try this mom naked had come lo 10 a be us rad a right bt be individuals sad as such guch WM was ly by the cal caltsas teas and was the subject of bourgain end sale fee and nd of of Coo contract tract when the be contract ell between abe Vla intal and james it lie be hail only a I 1 J thus ranked naked possession nod ad it nas AM to tl it far las abc rual estate part of it is id oar croul the that the contract vaa an made and being then IQ in posse seton gilb sib him bilm but bat fact wilb his br agreement t to give be A bet or it modo made her a it same of tin an iida ded hot half I 1 she ibe ili cereby became on nor ol at ins an inchoate tight to the benefits of tho the townsite towns iio uri net still and it w u iiara an as necessary cw for her as an it n am as tor for jalcs joan TC z I 1 to assert that filet right to in the manner provided by law it if be desired to chasm her absolute title idle with cad and it bet occupancy gets gaio here her a rig right to claim IM |