Show DYER STILL DIGGING HE ENTERS FOR PROPERTY and lays claim to valuable ph ars of real estate Suit shavo been instituted in the third district court by receiver dyer against zion s savings bank and trust company francis armstrong and abraham H cannon all aro to recover real property alleged to have been owned by the late corporation po ration tho church of jesus christ of latter day saints both complaints aro similar in language and the ono against zions savings bank after affirming the right of tho receiver to bring the suit alleges that on or about the fifth day of may 1883 the church of i esus christ of latter day saints through its agents trust ce m anist assistant trustees or some of them acting for said corporation and on its behalf and for its benefit and conspiring and colluding with daniel H wells joseph P smith and others to plaintiff unknown entered into an agreement for and arranged for the purchase of and for the holding of the legal title upon a trust therein and upon a secret unpublished trust therein in and to the real estate hereinafter described bed as deeded by said wells to smith and however disguised or covered furnished all or the greater part of the consideration given or moving in any quarter or from any person in such purchase tho said corporation po ration being the beneficiary in said trust and entitled to the rents issues and profits thereof and to tho control and ultimate issues of the profits thereof that said trust was designed and intended to nullify and evade the laws aforesaid and in an indirect and covert manner to give to the said church corporation a greater amount of real than it could legally hold under tho laws of congress that it was upon this understanding and agreement and upon these trusts it was so arranged that said smith should be the grantee in the deed convoying the property and hold the legal title thereof but nevertheless as between the parties a trustee as aforesaid that on such understanding wells convoyed the property to smith the property alleged to be thus transferred is described as follows commencing at the northwest comer of lot 5 block 75 plat A salt lake city fa urvey running east feet south 45 feet thence west feet thence north 45 feet to place ol 01 beginning plaintiff alleges further that the real estate was subsequently conveyed to george Q cannon and by him to zions savings bank and trust company each of whom knowingly and willingly entered into and took part in said collusion and conspiracy sp iracy and under the orders con arol and direction of sich church corporation po ration without actually paying for it liable in fact for any of tho consideration named in said deeds that no part of this real estate has over been used exclusively for purposes of the worship of god 01 for parsonage connected therewith or as a burial ground and that said property is worth about the value oi and tho rental values issues and profits of the same from the date of the appointment of the receiver has been about S per month in conclusion the receiver demands judgment of said defendant ns follows first the custody of the real estate in question second the rents issues and profits thereof third that plaintiff bo appointed trustee for said property fourth for such other and further relief as may be conformable to equity and good conscience fifth for costs of suil the other complaint is against francis armstrong and abraham H cannon and the suit is brought toro to ro cavor two pieces of real estate adjoining on the south of the ono above mentioned it is alleged that the property was first conveyed to mr armstrong and that he ards conveyed a portion of it to abraham H cannon that it was understood by both that while they were to hold the legal title the property were to remain under the control and ownership of the late corporation and that it was to receive whatever benefits were derived that the transaction generally was similarly simi larey in to that by which the bank obtained possession of the corner tho complaint values tho real estate owned by mr armstrong at and that of mr cannons at marshall royle in conjunction with P L williams and district attorney peters appear on behalf of the receiver tho property thus sued for is alleged to bo worth about herald |