Show FAVORS PLAINTIFF Judge lllless Decision In an Im Poriaot t Cast Has k0011 firim u2O SULTIES lullie Dtamnod Lull i Inlii Compiajr Bank Hid MIUclriit liuinlrdge Judge HUM rendered a decision today to-day In the case of Georgia l Foote VI the Utah Commercial Buying bank ODd Melvin E Cummings giving judgment In favor 01 loin Jooot blob entitle her to the redemption ol 0160 ibtret of the Capital stok In the Diamond Coal Coke company held In I pledge by CIA mines lo st ouro a debt nl Mrs Foole lo Dun but afterwards tutu ad over 10 the bolt as collateral security for a debt of Cum nlugi tit the bank Mrs Foote In liOJ had a poisftiory title lo eighty acri of land in Ulutan county tuivtyeJ ana rune aj ullos lion I for a patent She required 1000 10 pay for lie land Hid applied toM to-M Cummings woo wai then oiinler of the U ah Commnrclal A Bavlngs book for the loan of that amount MrCummlugtadvanted the money taking from her a died lo the land Ibis Instrument It appears was au ab solute one on In face but according to the facts In the case only represent ad an uutjivldod I oboll 10Iorel mud given as security for the advance ol the 11800 mad for such other duo d-uo 6 Mr committee mldht Make to Mrs Foote In 1S9I The Diamond Coal and Coke oJmpau Was Orismulzal and We eighty metro 01 land was mad 10 represent Db eUhlb or 12500 Ibtret of Ibo capital nock onehalf of which belonged < be-longed to Mfg E001stearraptesatla ber 1111tInt17111 a h a bnlnc pledged the 6850 tbarei lo Cummlng lu lieu of bar onebilf Interest In the land All the theses were by the agree extent of all nartlti lulrriated Including AiIH lose Mrs Fote placed I In escrow lo the BaLk of Commerce to tenure on Indebtedness of f 10000 rbeib reiremtlued lu sectors until February 1695 when the 01 l oim PlOY rtquirlug a loan of 15000 more made an Mgreernin with Cummlnm that he might withdraw the 5000 ihireilfhe would burrow 5000 Upon them This was door and an UDder etandint was had that when the note for Ibo 5000 had been laid by the coal company thai tae thirst mould be returned < to Ibo Bank of Commerce Com-merce Tbe coil company made III note to Cumralngs got the money and liter redeemed Ilia papers Uammlnd did not retain the ISoOl ibaiei ai agreed upon bulla thee meantime deposlteJ them In the Utah Commercial and Savings 1 Issair to inscara a p ranks al 1 In ebtedutit Tb court holds that thol250 shares belonged Mrs Jjote and IDOl the Blcen of Ibe bank bad luflloleul knowledge of this fact to at losirl tc have put Ibm upon enquiry After reviewing the evidence the court conclude ai follows 11sec82310swelat Tae a Idac boWI lb 1 the IDrk was sold by the bank about Mty 27 1595 under an asserted right given by Its contract of pledge with Clad C-lad lie a No notice was given to Mrs Jooto of the Intended sale I The stock was bought lu b7 Thom W Jo nine an cflloerof the bank for lit benefit and u now claims to be the ole owner thereof the evidence shown that there Is an unsettled account between hire J Foote and defendant Gumming 641 am ot the opinion thai the bank holds thee 6250 shares for the benefit DIM Foote and If upon an accountIng < account-Ing between herself and Camming she ball pay the balance due from bar to Cummings or wnoner shall be on tilled insists she Is entitled to We irtlOcate evidencing 6250 iharei ot the lack before mentioned Con 11111a Charlotte E Allea will granted a decree of divorce from her husbille CbstlieWAllso br Jadllil I dy bite Allen was also awrJtl the oUIod 01 10 minor Children and 1000 for each All the motions set for today before Judg Caerry warm continued for one ill me kIn k-In The Ophtr Crook water 1 dispute Judge Hendertonilbli moralng moved lora noutult onlnegn und that plain fill bid not shown mat be bad coot tluuoutly u IOU the witterti since 1891 AltorneiiJ M Cannon sad liar low Ferguson took the poiltlot that the title once established was presumed to emuur and that the burden 01 proof was upon the don do-n lall 10 show any ImrmaU do hoe they might Ion The Olul Intimated that bedlngreid wilu coun lei 1 for plaintiffs wbeo attorneys asked that the came be reopad 10 Put 10 further testimony which was granted |