Show RESTRAINING ORDER IS liS DISSOLVED BY RY COURT Court Upholds Opinion of County Attorney i in Decision Action Is Expected to Be nc Big Ilig Help Fillmore Fillmore Utah Oct c. c 9 9 Special r i Judge Leroy Cox of the tho Fifth J Ju Judicial Jn- Jn District set sel aside his co court ri calendar Monday to hear j. j i ithe the case of ot P. P H H. Kelly vs Owen W. W 1 Bunker Dunker Millard l County Treasurer Treasurer- and W. W D D. Melville county auditor He upheld the ruling of or Milton Melville county attorn attorney y of f Millard I lard i County made recently in favor of a r committee holding bonds in Millard l County Drainage Districts NO NOR Non 2 and 3 The case was tried at Beaver Deaver The he restraining order brought I the Millard County officials I was a temporary injunction to restrain restrain restrain re re- re- re strain them from assigning certificates certificates certificates' certificates certificates' cates cates' of sale on real estate in Millard Millard Mill Mill- ard County Drainage ge Districts Nos 2 and 3 on which taxes for state county and city purposes had accrued accrued ac ac- cruel to A. A A. A Sherwood Green and anel Geor S S. Ingraham the committee whose inter inter- interests interests ests approximate in th the two Millard County drai drainage districts dis- dis R j 4 Tho The plain plaintiff tift maintained that the tho committee was not entitled to assignments assignments assignments as as- of ot certificates of ot sale for Cor delinquent general taxes for the reason that they were not able t to qualify under the state laws requiring requiring qu rIng r- r ing one demanding an assignment of t certificates of sale sale- to be a recorded mortgagee or other lien lieu holder Judge Cox ruled that the the bonds bonds h held ld by this committee constituted aHen ilIe i lien I lip upon on the land and that they were were entitled to the cert certificates l This legal question is moot moot moot inas s. Ines-s. In s- s much as the tho Button d decision ci lon which has bo been n upheld by the supreme court court required tho the mortgagees and Men lien holders to tale take tax title to the lands in 11 order to pr protect t their lions liens by by virtue of oC the fact that this de decision makes general to taz z liens prior to the drainage Deseret News of oC Oct 9 1929 Vi t |