Show SUITS R the supreme 8 supreme court reverses DAN HIS zane IN TWO particulars tithing yards and historian office not gardo house and mines goin the supreme court yesterday boisi eo decisions isi were handed down in the church cases judge zane was reversed versed ra in regard to the tithing yard and chuich historian office prop er iii ly Y it being held that they ther were not subject to his hia decision in in regard to the gardo hause and coal mines were ware confirmed the decisions wei woe e voiced by judge smith united states of american respondent vs va berta certain I 1 in real estate know as the tithing yard and offices and williamb william B preston et a al appellants justice smith said this is an action begun bythe united stites states against certain real natate belonging to the tee I 1 late gito corporation of the church of jesus jeans christ of latter day sa baines la ts to forfeit andea and escheat cheat the property the pro verty peny involved in this action is part of lots three 3 31 four 14 4 five 5 and six sis 6 block eighty eigUy eight 1 SS plat A salt lake city survey I 1 commonly known as aa ani and called the tuning yard and of offices flies the defend ants anta william B preston robert T tl bartor barton and john B R winder are allees ed to be claimants as trustees of the property properly for the volunta voluntary rv religious religions as smia tion known as aa the church of jesuit jeans christ of latter day saints james P frez freez and spencer clawson intervened in behalf of themselves and all other members of the religions association liri known as the church of jesus jeans christ of latter r day dav saints claiming that the ibb property belonged to that religious religions body the defendants preston barton and winder answered the complaint freeze and clawson by their petition ln in intervention ven tion set up substantially the same facts ai al alleged lazed in the answer of the trustees rhe case was tried by the con court rt without a jury jary findings of tact fact and conclusions of law were made and judgement jud gement entered in favor of the united states es is cheating and fori forfeiting elting the property the tha defendants and inter senors appeal two assignments of error are made which we deem it ato apoi hafl ap oeaL first t that af the charte in deciding that the property was subject to for feature oi or escheat for ahe reason that upon the facts found it appeared the church of jesus christ of latter day saints had a vested tested interest in said property on or before july 1862 second i the court erred in deciding that the property was subject to forfeiture or escheat for thi the reason that upon the facts found all proceedings to forfeit or escheat the property were barred by section 1047 of the revised statutes of the united states this lection of the revised statutes was is pleaded both by the defendants and the intervenors inter in bar of the aci ac tipa we will consider these theca olilee i tiona eions in in the inte inter verse order in which they are stated section 1047 relie rolle dupon it as follo follows via no suit or prosecution for any pen penalty or forfeiture pecuniary iary or otherwise other accruing under the laws of the tha united states shall be ba ina maintained 1 inta ined except in ia als cases es where it if is ia otherwise specially provided unless the same is commenced within five years from the time tame when the 1 penalty e nalty or forfeiture forfeit ara accrued the forfeiture clai claimed medin in this case arises under tinder section 3 of the act of july iff 1st 1862 which is as follo follows wo thit that it shall not be lawful for A any ny corporation tion 0 or r association for religions oi or charitel char charitable itiL ble purposes to acquire or hold real estate in any territory oi of them tha united states during daring the tha existence odthe territorial of a greater value balne than 50 and gal all real estate acquired or he helu 1 beany y such corporation or ne socia tion cont contrary raiv to the provisions of this act dball shall be ba forfeited and es cheated to tee iel i el e united provided eded t that h at th the ex isline vested ris litis in xeal reale state ahal abal not be impaired impaired by the provisions 1 of this section the title to the theland lind in controversy was waa acquired by the tha mayor r of salt lake city in november 1871 in 1872 1972 it wag conveyed to the trustees of df the corporation of the church of jesua of latter jay day saints the use uee and benefit of sid church title e remained in said trustees until the tha third of mareb march 1887 it is claimed by the appellants that more iban five years having 4 eaps aps ed since the perfect title 1 to the property wi wa acquired by tie the church that no no action can now no be pi prosecuted by the united states to forfeit of escheat the property here a number of of decisions bearing om oa the question were rey reviewed owed and th the 0 follo following winZ construction construction placed on the statute that the property either acquired or held in violation of the law within five fire years before the com commencement mence of the action Is ia subject to for fel fellure ture the remaining question which we deem it necessary to consider is whether theror or not the property involved in thia action cornea comes within the proviso se atio leae a y 1862 0 the proviso is as follows that existing vested rights in real estate shall not be impaired by the provisions of this section 1 the findings of fact in this thia case show that the land in controversy tro versy veray in this action was first laid out in 1848 then taken possession of by the representatives of the church known as the church oi of jesus christ of latter day saints this charal was a voluntary sect until january 19 1855 when it was incorporated and that the corporation subsequently possessed it up lp to and including juav 1 1862 1882 that buildings and other improvements of cf considerable value were built thereca by the church and that the church was in the actual possession and use of the tha property and ana the improvements thereon until the let day of july 1862 that in november 1871 the land was entered under the tow townsite nalto act by the mayor of salt lake laka city that brigham ham young who gasthen wa president ol 01 the church claimed the land under the townsite law and it was conveyed to him by the mayor of nf said eaid city as trustee for the church aforesaid that it afterwards passed by mean convey anceto anca to robert T burton barton who held the title tills on the 3rd ard day of march 1887 as trustee for the church decisions bearing on ants anis question wera reviewed and the follow following inc ruling based thereon tb ereon was given we are of the opinion that this yin evolved inthe in the action was waa not subject to forfeiture or escheat under the provisions of the tha act of 1862 1112 and that the judgment of the court below should be reversed and the case remanded with ab alb directions to 6 disi nig is the action and it is ia so BO ordered aft ih J judges Mine roi bartch concurred I 1 opi in regard 1 4 office the court church liaa hau a bested property erty at t the time of tha pabiana of the act of f 1862 y and that thai it to the church and no not trend 11 4 subject to escheat ascheal by the tha provisions thit act as indicated I 1 in n the op t the 0 tithing I 1 office cue case sf s F GARDO n AMID AD the gardo hase m property was not acquired 1 cli until 1877 and the chorea char coa lands were not acquired a and nd in accordance oi pj L the tithing yard cass cae caletha etha the Jad elent of bf the district court declaring decia darthel pr i d berty and land pro ceedee to the tha united states was i U aimed t |