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Show IlM ITI TO REOPEN m WERNERJASE DENIED ' ; Said That Title lo Much Valu- :;(m ; able Land Rests on Result 'J of Action. . u ' I j The motion In behalf of Sail Lake City ' I 'n a lo reopen the rase brought ly Theresa ! Werner against the oily and permit ,i i the Introduction of newly-discovered ovl- " 'jk, ei donee was denied by Judge Lewis of the " 4S district court Thursday. The ease was ' ' '1j tried last week and taken under ndvlsc- t mem by the court. Tho city, Thursday, ' , e asked 'leave, to reopen the ease and snb- u "lit some iH-wly-disoovrrcd evidence, hut ( 1 T tl!s was denied by Judge Lewis, who . ' 'h now has the case under advisement. ,. , ', "4" ' 11 ,s oln-Iuiofl that upon the result of ' . i the decision In this rape rests the title i to many acics of valuable laud Inside the '.' -i' ' Hmlts which was Included In a vJj 1 patent Issued by the government to John ''.i p 1 Xocdhain In 1S72. Mrs. Werner brought ': -1 , the action to (inlet title to a pari of Sixth '. " fit ! North street between Third ami Fourth 'f West streets. The contention of her at- lfH torney is thai the patent .secured by '; ,vti ' Need ham is void, and hence the city. i'i,,;E? having secured Irs title from Xocdhain. ' .pSf ha.-, no title to the portion of the street f i ''.-'dm i in controversy. . f .m Th street lies within the territory set ' la ' npart as the original townslte of Groat '' !..f3 i Salt hake City, and It is claimed that H ; tho United States supreme court has held "'A thai a patent on ground inside of a town- . -rt silo Is absolutely void: henro the eonten- ".J t.Ion of Mrs. Werner's attorney that the J lty secured no valid tltlo lo tho street '. ifi from Needham. : ) 1?. is stated that other portions of the '. I'Jjt cilv are- In the sjjm: condition, and lr rfiffl the! court should hold that the municlpnl- ' "SHiV ,,v has 110 VftHd tl,l" to this strip, then 1 ' a "great deal of valuable property will he 1 ' tf i placed In Jeopardy. There Is no ques- r. W'f1 Hon that the case will go to the supremo " .1 I court, .'ls both sides have Intimated that ' i'-ifr i an appeal will be taken to the highest l fcitt ; tribunal of the state in order to get a ' . tj i dual decision In the matter. . fi : Tho city is claiming title to the strip I! i .flf of street In controversy from thine dlf- 1 'JS feront sources, namely: the patent from ' i' Needhaiu, the original townsite. entry. ' 'ilil and by an act of the legislature of IS.I ' granting the city oharter. fixing the I " . M boundaries of the city and approving the -"'iH plats of the streets. In the trial of the i ra ''aso all tho old records of the city dating i . C'jl hack as far as 1S5. which have anything I .',V'IS io do with the city's rights to tho street '' IFjg in controversy. hae been Introduced in '.'f-'iW evidence. ; .,v,iiH H Is expected that Judge Lewis will i ' w'-.'Ii'S lMKler a decision In the case witltin a |