Show THE CHURCH SUIT 1 15 church money to be taken by the government the following is the application made by receiver dyer today in the suit salt of the government against the 0 hurch church and which wa was graif granted ted by the court IN THE SUPREME COURT OP OF THE TERRITORY OF united states of america plaintiff vs the late corporation of the church of jesus christ of latter day saints and john taylor late trustee in trust and wilford woodruff lorenzo snow erastus snow franklin D richards brigham young moses thatcher francis M lyman john henry smith geo teasdale fieber heber J grant and john W taylor late assistant trustees in trust of said corporation and wm B Pre preston robert T burton and john R winder defendants the undersigned undersigner under signed frank H dyer receiver of the said defendant the late corporation of the church of jesus christ of latter day saints heretofore appointed in the above entitled suit anted respectfully ati 11 y represents and shows to the courts court that in pursuance of his appointment as such receiver and in obedience to the order and decree of this court heretofore made herein requiring him to collect and take possession of all jahe e assets and property of the late cor corporation oration he be his has succeeded in discovering and taking possession ot various properties and has in tile the prosecution of 91 his said duties ascertained that the property hereinafter described both real and personal had bad been prior to the third day of march 1887 the property and it in k the posses possession siou of the said late corporation po 0 ration and th that h t as he is informed formed and v y believes and is ia advised by h his k a counsel who have been engaged in the tae investigation of the title thereof the whole of said property was the property and belonged longed to the said late corporation at the time of the passage of the act of congress under which the above entitled suit was instituted that it was his duty in obedience to said order and decree and as such receiver to institute suits and adopt all proper means to reduce the said property to his possession that in pursuance of his bis said duty and of such advice of lifs counsel in that behalf he be did institute in the third bi district strict court of as such receiver the tae following suits to wit i 1 an action against angus M cannon for the tee purpose of obtaining a decree of the said court that certain conveyances of the real estate hereinafter described bed to the said defendant angus M cannon were made for the use and begeot of the said late corporation and were a cloud upon the title of said land that the same be decreed to be the property of the said late corpora tion and that the plaintiff as such receiver be entitled to the possession thereof the property involved in said suit is described as follows to wit parts of lots two 2 and se seven en ja 7 in 88 8 A I 1 balt salt b lock block eighty eight plat lake city survey and bounded as follows beginning begin nine at the southwest corner of said lot two 2 and running thence north twenty five 26 25 rods thence east nine 9 rods thence south twelve and one halt half 12 rods thence west four 4 rods thence south twelve and one halt half 12 11 rods thence west five 5 rods to the place of beginning that the said defendant angus at Cann onby his answer filed in said suit claims and alleges that he was the owner of the said laud land and premise sand the said defendants in the said suit of the united states against the late corporation po ration bad others as above entitled claim to have bare sold the property to the said angus M Cia tion and received in consideration thereof the tho sum ot five thousand five hundred dollars IT n your petitioner also began in the third district court another suit against horace S eldredge john C cutler toe the salt lake literary and scientific association a corporation and others defendants therein for the purpose ef obtaining a decree of said court that all of lot eight 8 in block seventy six 76 plat iba A 11 salt lake city survey was the property at the time of i s of the church of jesus christ of latter day saints and that your petitioner as such receiver was entitled to the possession of the whole thereof that the defendants in the said suit of the united states above entitled claim and allege that divers portions of the 8 said aid lot were sold and conveyed to different individuals long prior to te the third of march 1887 for valuable consideration and in good faith and the possession of such portions delivered to the purchasers thereof respectively they also claim and aver that other portions of the said lot were sold in good faith and for valuable consideration on or about the second day of march 1887 and shortly before the passage of the said act of congress under which said suit by bv the united states was instituted thoi the said church received the sum of thirty six thousand two hundred and forty one 15 dollard dol larg ITT in your petitioner has brought in said court two other certain suits and had determined to and was about to begin a third suit which said two suits already brought and the third intended to be brought by him involved aind aad intended to involve ail that portion of lot five 5 in block seventy five 75 plat A salt lake city survey commencing at the northwest corner of said lot five 5 and running thence south one hundred and five feet and one and one third inches thence east three hundred and twenty four feet thence north one hundred and five feet and one and one third Inches thence west three hundred and twenty four feet to the place of beginning that the said defendants in said original suit of the united states of america against the late corporation and others claim and allege that the whole of the said proper ts last above described was prior to the third day of march 1887 sold to divers individuals in good faith and for a valuable consideration and that tile the said church received for said property of forty two thousand nine hundred and twenty five dollars IV your petitioner as such receiver brought another suit in said district court against francis armstrong and the salt lake city street railway company a corporation to recover two thousand one aundrea hundred and binet ninety y shares of the capital stock of the said railway corporation which had theretofore as your petitioner claims been fraudulently transferred by the said late church corporation to the said francis armstrong that the said defendants in said suit by the united states claim that the said sale was valid made to the said armstrong in good faith and for a valuable consideration to wit it for the sum of forty five thousand dollars v your petitioner as such receiver 9 brought an action unsaid in said third D district is court against john joha C cutler and the provo manufacturing company a corporation for the purpose of recovering five hundred shares of the capital stock of said provo manufacturing company claimed by your petitioner to have been fraudulently transferred by tile the said late corporation to the said de defendant john C cutler that the said defendants in the said suit of bf the daitel states against the said late corM tion and others claim a and nd assert that the said stock was sold and transferred to the said john C cutler prior bior to the passage of the said act of barch march in good faith and for a valuable consideration and said transfers were valid and binding that the said stock was at said time and is now of the reasonable cash value of eleven t thousand housand dollars VI 1 your petitioner as such receiver brought an action in the third district court against zions operative cooperative co mercantile institution a corporation and the provo manufacturing company come coine a corporation for the purpose durpos e of recovering live five hundred shares or thereabouts of the capital stock of the said provo manufacturing company claimed by your petitioner to liae haye been fraudulently transferred by the said late church corporation to the said zions operative cooperative co mercantile institution and which the said church and the other co defendants in the said suit of the united states of america claim and aver was transferred in good faith and that the same is a legal ard and valid transfer of said stock to the said zions cooperative co oo operative mercantile institution that the said stock so transferred was and to is of the fair cash cach value of eleven thousand dollars your petitioner f urther further represents that in consideration of the said litigation and of the claims of the said parties respectively with reference to the said transfers and ownership of all of said property and tor for the purpose pur ose of adjusting and settling I 1 the laid said suits involving tile the said property the said defendants in said original suit of th the united states of america against the late corporation of the church of jesus Christof christ of latter day saints Saint sand and others have proposed and offered your petitioner by way of compromise andl and settlement of the said suits and securing the dismissal of the same to pay your petitioner the following sums of money to wit first fifty five hundred dollars the alleged consideration received by the said church from the said angus M cannon for the land and premises involved in said suit against him second the sum of thirty six thou sand two hundred and forty one 15 dollars the amount received by the said church from the sales of those portions of the said lot 8 in block seventy six 76 sold and transferred on or about the second day of march 1887 it being agreed however by the said defendants that this settlement sett leme a t it if approved by the court shall not include the claim of your petitioner to the northeast corner of said lot eight beginning at the said northeast corner and running thence south five rods roda thence west flye rods thence north live five rods thence east five rods to the place of beginning being the portion of the said lot conveyed to the defendant the salt take lake literary and scientific As in said suit involving said lot eight in block seventy six as hereinbefore in described and set forth third the sum of forty two twe thousand nine hundred and twenty five dollars so received by said late church corporation lor for the portion of said lot five in block seventy five in plat A and hereinbefore hereinbefore described fourth the sum of eleven thousand dollars the value of the said stock so transferred to the said john C cutler fifth the sum of eleven thousand dollars the value of the said stock so transferred to the said zions aloas coop co op mercantile institution sixth the further sum of fifty oue one thousand dollars being toe the alleged purchase price paid by the said francis armstrong to the said late church corporation for the said railway stock including interest thereon at ten per cent per annum from the date of said alleged sale march 2 1887 until the second day ot july 1888 making the total payment ol 01 of one hundred and fifty seven thousand six hundred and sixty six and dollars and your petitioner further represents that in his bis opinion and as he is in advised by his bis counsel herein it would be dav the best interests of ef all of said garfs parties to said original action of the said united states against the said late c corporation 0 and others to make the I 1 said a i rs adjustment of ail of said litigation Wherefore your petitioner prays the advice direction and order of of this honorable court advising and authorizing him as such receiver upon the payment to him of the said aggregate sum of one hundred and fifty seven thousand six hundred and sixty six and 15 dollars to dismiss each and every of the said suits or submit to the entry of decrees therein in favor of the defendants in accordance with the terms of this settlement and withdraw all claim as such receiver to or concerning the whole of said property erty and from every part and parcel thereof excepting only that portion of said lot eight in block seventy six plat all A described as foll follows aws to wit beginning at the north east corner of said lot loi and running thence south five rods thence west five rods alence north five rods thence east five rods to the place of beg inning and being the pire premises hereinbefore described as having been conveyed to the salt lake literary and scientific association and that tills this court give your petitioner such advice direction and orders in the premises as may be proper and equitable FRANK H DYER receiver of the church of jesus christ of latter day saints P L WILLIAMS MARSHAL MARSH ROYLE GEO S PETERS attorneys for petitioner mr peters explained that the piece rods deeded to the salt lake literary and scientific association to is what is known as the council house corner |