Show law law questions y Y SALT LAKE CITY W november editor deseret ivetta bhe the the public is now in possession of the decision of the federal court in the appealed case of sarah 11 aratt us vs brigham young reversing inythe the decision of the lower court rud and adjudging tho the said sarah aarah INI pratt as the occupant and consequently the only legal claimant bt bf the south half of lot 5 block 76 plat A As uns una decision will effect the landed interests of mahy many other citizen citi zena iena gunder under sunder very similar circumstances not only in S salt sait ait alt lake city but in the numerous incorporated corp orated cities of the territory I 1 wish to ask the tega lega fraternity and the honorable court the fo following i I 1 questions question 1 whereas as orson pratt sen had the undisputed oc of the whole of the aforesaid lot from the autumn of 1851 till oct 29 1861 during which time two dwelling houses were bull built irone trone une one on the north east corner and the other on the south wet west corner of said lot and whereas the said orson pratt did at the last lasts date afore aforesaid bargain and sil sll sli to the said sald brigham young all hin hix right ht and title to the occupancy of baid said bald sald lot and to the improvements improve thereon and did convey the same by a quitclaim quit claim claim deed and for which the said orson pratt piatt did receive four thousand dollars as a full equivalent and whereas the said sald orson pratt did dis did immediately vacate decate said premises and the said brigham young did immediately enter thereon ioia tola placing clug mrs harriet barney young and children in the house on the north end of said lot where she has continued to reside until the present time and whereas the said brigham young some fow years after purchasing did permit the sald said orson Prat pratt tand and his wife sarah 11 hl to temporarily reside in the dwelling house belonging to the said brigham young on the south louth side of said lot t therefore he redore under these circumstances which of the four persons namely brigham young harriet barney young orson pratt or his wife sarah bf pratt becomes in la law the legal occupant of therole the whole hoie hole of said lot question 2 if occupancy alone constitute constitutes a legal claimant would not the oldest occupant namely harriet B young be the only legal claimant of the who whole lelot lot question 3 if occupancy alone entitles the occupant to the whole of a ca city tyr lot could the aid sid sad ald brigham Y young ung take away from harriet B young the occupant one half of her legal rights and give the tile same to the said sarah M pratt or to any other person question 4 if sarah M ar pratt enters as a resident upon a c city ity ily lot which has had for several years a previous occupant does such rei rui resi rehi 4 i knee dence entitle her to any legal claim t to 0 the tho whole or to any fraction of said iov lov if such residence constitutes her a joint occupant with the prior occupant what of the lot should be taken from th the e oldest older occupant and given to the second one or should the them lot be equally divided between the two questions if a city lot conta containing 1 ln ng square rod shad but one oner lega legal occupant for several years jn ln the person of harriet B adu young and lind then 49 46 other othen cit eit citizens ikens liens shoula entee upon the thes ame and each claim clim to b be a legal alegar occupant must the lot be divided into 50 equal shares sli sll ares and each claimant receive his four tout square rods or will the whole be given to the first occupant ant the sald said harriet B young question om d C if it be ar gued argued that the said harriet B BYoung did not file any claims claim founded on oil occupancy who then was the legal claimant for the first few yead yearb years after the said brigham young purchased the right of occupancy and the gnip improvements ro on sald said lot if it bead be adjudged budged that the said brigham young was the only legal claimant did he lie render invalid his hip claim b hy barely permitting another person or family a temporary residence in one of his own houses question 7 As the said brigham young purchased the occupancy of the whole lot wily why did he not havee have the same legal claim to the south seuth half and its dwelling house that he be bad to the he north half and its dwelling V 1113 V 1 licul houe 1 1 on the other band baud if ithe the t temporary emp ora r y residence of the said sarahm sarah M pratt nullified the rights righter of df tho the purchaser and constituted ler ier a legal claimant why did not her ler ier claims include the northern half as well as the southern half of said lot if I 1 had been called upon a witt witness less in this case I 1 should have testified that it was principally through the frequent and earnest entreaties 0 of f my wife wire sarah RI 11 pratt gratt pratt that I 1 was reluctantly prevailed upon to sell the right of occupancy ofard of and aud the improvements upon said lot the four thousand dollars which I 1 received from the purchaser enabled me to erect a good two story dwella dwelling ng nou noue e in in the city of st george utah which was afterwards exchanged for a dwelling house and part of a lot in the ward of this city which I 1 gave e to my itly wife srah garah lyl ISI pratt and permitted her to nnie file for the same we were otherwise greatly gre atly atik benent bene fitted ced in the payment of a debt delit of eight hundred dollars and with means to purchase several yeam years provisions nearly all of which was S derived from the four thousand dolla dollars na which the said purchaser did pay to me when tile the purchaser generously permit permitted per mittel ted tei me an and d my family to have a temporary residence if itu his own house he did not then nor at any time afterwards give kive fo to me least 1 intimation ima that he would give any portion of the lot eit elt either elther herto to me or to wy wife wire sarah it is with extreme regret and aud deep sorrow I 1 hat I 1 wit ness nema the attempt aitt ampt of my wife sarah to procure through th technicalities of the law the property which rightfully and justly belongs to another ORSON PRATT sen |