Show PRIVATE PROPERTY threatened WITH ESCHEAT following is the full text of the information filed by the attorney general of the united states in the third district court in the district court of the third judicial district for the territory of utah in the matter of proceedings for forfeiture of certain real estate formerly former lv held and owned by the corporation of the church of jesus christ of latter day dav saints before the honorable charles S zane judge of said court and now on the day of february in the year of our lord one thousand eight hundred and ninety one comes W H H miller attorney general of the united states and with him charles S varian attorney of the united states for the territory of utah who appear for and on behalf of the united states and give this honorable court to understand and be informed as follows to wit first that on the day of january Ta nuary A D 1855 by an act of the territorial assembly of the territory of utah the church of jesus christ of latter day saints became an incorporated body for religious and charitable purposes and from said date continued to be a corporation of the nature and kind above set out up to and until the ard 3rd day of march A D 1887 second that on the let day of july A D 1862 the congress of the united states passed an act entitled an act to punish and prevent the practice of polygamy in the territories of the united states and other places and disapproving and annulling certain acts of the legislative assembly of the territory of utah which said act among other things provided provided in substance and effect that it should ld not be lawful for any corporation po ration or association for religious or charitable purposes to acquire or hold real estate in any territory of the united states during the existence of the territorial government of a greater value than and that all real estate acquired or held by any such corporation or association contrary to the provisions of said act should be forfeited and es cheated to the united states third that on the third day of march i A D 1887 the congress of the united states passed an act entitled an act to amend an act entitled entitle dAn an act to amend section of the revised statutes of the united states in reference to bigamy and for other purposes and approved march and in and by which said act etwas it was provided amongst other things that it should be the duty of the attorney general of the united states to institute and prosecute proceedings to forfeit and escheat to the rhe united states the pro property e arty 01 ol all corporations obtained or helal held in violation of the act of july i 1 1021 above mentioned and it was moreover provided ovidea by said act of congress that t the C e act of the legislative Aseem assembly bli of the territory of utah hereinbefore referred to incorporating the church of jesus christ of latter day saints should and it thereby was disapproved and annulled and t that hat such corporation should be and it thereby was dissolved and for other purposes m sk set out in said act wherefore the purita said corporation of the said church of jesus jesua christ of latter day saints became and from henceforth was a defunct corporation fourth and the said attorney general of the united states and the attorney of utah territory aforesaid inform this bono honorable rable court further farther that on the 3rd ard day of march A D 1887 when said corporation po ration became dissolved as aforesaid it owned and held by and through one bolta john taylor its trustee in trust and by and through certain other persons upon secret M am trusts large tracts and parcels of real estate ex exceeding beding in value 50 to wit first all of block eighty seven 87 in plat let A salt lake city survey salt lake county utah territory known as the temple block of the value of and upwards second all of lot one 1 block eighty five 85 plat A salt lake city survey salt lake county utah territory of the value of third part of lot five 5 iti in block eighty eight 88 plat A salt lake cit city survey salt lake ke county utah terri terr tory commencing at the northwest corner of said lot five 6 5 and running thence south ten 10 rods thence east ten 10 rods thence north twelve 12 rods thence west ten 10 rods and thence south two 2 rods to the place piece of beginning of the value of fourth part in block eighty plat A alt lake I 1 ake city survey salt lake county utah territory commencing at a point ten 10 rods south of the northwest corner of said lot seven 7 thence running east five and one half 5 rods thence south five 5 rods roda thence west five and one half 5 rods and thence north five 5 rods to the place of beginning of the value of the real estate situate in said salt lake city above deaf described bribed and known as the temple block and all buildings and improvements prove ments upon the same and which said block and buildings were at the date of the dissolution of said corporation as aforesaid of the value of and upwards and had been acquired by said corporation subsequently to the passage of the act of july 1 AD 1862 above mentioned and which it ac acquired quirI and held in violation of said act of july 1 1862 being in excess of in value and the west half I 1 thereof hereof only was and is exempt from the forfeiture prescribed in said acaby act by virtue of the provisions of said act of congress of march 3 1887 fifth this court is furthermore informed and given to understand further that in addition to the real estate known as the temple block I 1 held and used as aforesaid the said corporation of the church of jesus christ of latter day saints on the third day of march milrea A D 1887 when it became and was dissolved an dore aforesaid sald had theretofore and subsequently to the passage of the act of congress of july 1 1862 acquired and was at the date of its dissolution holding in the name of certain persons unknown to plaintiff ane following described pieces and parcels of real estate to wit first all of lot one 1 I 1 block eighty five 85 plat A salt lake city survey salt like lake county utah territory second part oil of lot five 6 5 in block eighty eight 88 plat A skit salt lake city survey salt lake county utah territory commencing at the northwest corner of said lot five and running thence south ten rods thence east ten 10 rods thence north twelve 12 rods thence west ten 10 rods and thence south two 2 rods to the place of beginning third part of lot seven 7 in block eighty eight 88 plat A salt lake city survey salt like lake county utah territory commencing at a point ten 10 rods south sout of the nort northwest west corner of said lot seven 7 and running thence east live five and one half 5 rods thence south five 5 rods thence west five and one S half alf 5 rods and thence north five 5 E rods to the place of beginning all of which tracts or parcels of land are of the value of 80 which was all and entire in excess oi of ta the amount of real estate which said corporation was by law entitled to hold no part of E aid fraid real estate was held or occupied by said corporation as ka a building or ground appurtenant thereto for the purposes of the worship of r god or parsonage connected therewith burial ground jfe V this information is filed by the said united states against said aid real estate by leave of the supreme court of this territory wherefore and by reason of the illegal action of sala said corporation of said church of jesus christ of latter day saints in acquiring and holding real estate in excess of the value of and b by virtue of the provisions of the acts of congress Yon congress gress aforesaid all of the real estate hereinbefore described except the first above mentioned tract known as the temple block became and were subject to be forfeited and es cheated to the united states and since the date of the dissolution of said corporation as aforesaid there has been no legal claimant or owner ot said real estate except the united states slates wherefore it is prayed that due process issue in that behalf as of monition or in such other form as to this honorable court may seem proper to all parties claiming an interest in said real estate or any portion thereof to appear on the return of said process and duly intervene herein by claim and plea to the premises and due proceedings doing being had thereon that for the causes aforesaid the said real estate and all of the same except such portion as is exempt from forfeiture as above set out be deemed as es cheated and forfeited and declared the property of the united states to be used and disposed of according to law and as shall be directed by this honorable court W H H MILLER attorney general united states CHAS S VARIAN united states attorney for utah territory THE attachment deputy united states marshal swan yesterday received the following monition in the matter of the proceedings for the forfeiture of certain real estate formerly owned and held by the corporation po ration of the church of jesus christ of latter day saints the president of the united states of america to the marshal of the district of utah territory gree greetings whereas information has been filed in the third Dip district triet court for the territory of utah on the day of february 1891 by the hon attorney general of the united states and charles S varian united states attorney for the territory of utah on behalf of the united states of america against the real estate property dewri described bed in the above information mr swan proceeded to attach the property in question the seizure consisted of serving notices on the occupants of the property where such could bo be found and afterwards having such notices filed and recorded in the county recorders office |