| Show CHARGES OF FRAUD avult A suit containing sensational charges kobarg against joseph B bache clerk of the territorial supreme court and member rt of the present city council was wae filed died I 1 in a toe tae third district court monday after lain tift john baxter Donald donaldeen Don aldeon sov mr donaldson Don aldeon is a resident reel dent of london kugland hugland but to la an american bitis citizen 0 it and claimed that his bis absence from this country la Is but temporary in his hil suit quit be makes frauk frank A grant joseph F cache glen miner miller hercules Her culea macj C rj rd ana arthur mulvey defendants defend anto the opening paragraphs of the corn com plaint allege in usual legal phrases nuat but on january 26 25 1892 mr donald a in u placed in the hands of mr baehr 2000 cub to be loaned out upon note and good real estate security in salt lake county anad that the bame day mr bache loaned that money to frank A arant taking ther elor a promissory note payable in five years uc 7 per cent and a mortgage on a piece oi of property at fourth and Q ot reuta toiA city olty it la Is also stated that too he note and mortgage were maue to bache without authur authority ity or of abe plaintiff but that on the ath of april 1892 mr bobe bache assigned both in writing to mr donaldson which alignment ie duly recorded the fur mor luer statement atai ement la is maue that no interest has baa been paid since bince january 26 18 1893 and the nute la Is still due then come the allegations upon which the charges of fraud are based it Is Is said that on january 27 1892 41 two daye day alter after the money was lo loboen ariel and tile the note anti and mort gage age made mada frank A grant and his big is isabella J conveyed the mortgaged ged property by warranty deed to joseph P bactie the being recorded june 30 1892 alter after the assignment of 01 the note and mortgage to mr son 00 oo then ap continued aunt tilled the cum coul plaint boja oa joiy 20 1892 said defendant int joseph P bache without the la of plaintiff and intending to client cheat bud defraud this thin ft out ol of his said note and mortgage and said 2010 and the interest thereof falsely and catered upun the records of said mortgage in the county of bait lake territory of u utah a false fraudulent discharge and tan ion thereof which was unknown to plaintiff until october 1 1895 which false and fraudulent discharge and sai la faction was waa in words and figures as follows to tc wit wil salt lake city ity utah july 20 no 1 I 1 hereby satisfy and discharge this mortgage of record and declare the indebtedness einred secured thereby fully paid bignel big ned P BACHE attest john johnh H rumel ramel jr recorder salt lake county utah territory tn ro complaint luen states elates that at the time of such pretended discharge and satisfaction joseph P bache falsely biegly and fraudulently represented to lo the recorder that the mort mortgage gaie bau ban been paid and relying upon that state niong ment had altered the discharge dischar gt also that at the time such discharge dle charge was made mr bache held bald title to the Proper property tyl and the diso discharge barue was wall in ila his bis favor subsequently on july alb 1894 it to is asserted auer ted joseph B bache and lifis wife lettie iettie D bache made a trust deed to ie glen miller as an trustee for hercules mascord Mao Cord for the pro property party to secure cure a note noie of 1400 and that this deed wag taken with full knowledge that the former cancellation of the mortgage was fraudulent and void later on OB the of last july the land was wai deeded by bache and his wife to arthur B mulvey this con byance Veya ey ance oce the complaint say was without valid consideration and was wan made with full knowledge of the former transactions transaction hypon this thia statement mr donaldson Donald soo aaka that the cancellation of the mortgage be set met aside as aa frauda bent ar t that judgment judg ment be given in 10 hia big lavor favor for 2000 and for interest and costs coats that the be trust deed in favor of miller and maccord and the deed to mulvey be declared subsequent and subject to the donaldson mortgage that a foreclosure of the donaldson mortgage be decreed to the exclusion of all other claimants until the he claim under the first mortgage to is satisfied and that pending the action a receiver be appointed to take charge of the promises premises mr bache IS ia now DOW absent from the oily and it is not known I 1 just list when he will retura this is ia but one of a number of transactions wherein it is said his bis financial affairs are badly campli dated his hii business with the govern govera merit meat as clerk of the territorial supreme bourt gourt court is said to be all ali in shape |
