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Show BROOM HOTEL ALLEY M BE CLOSED TO TRAFFIC Yesterday the supremo court of Utah handed down an opinion affirming affirm-ing the judgment of Judge Charles W. Morse, who sat as the district court for Weber county, in the case of the Reese Howell company, plaintiff plain-tiff vs. Sarah J. Brown, George F Brown and Elliott Brown, defendants The action Involved the right of the defendants to close up the alley way leading from Twenty-fifth street through the Broom hotel building, to tho premises in the rear of the hotel and the Reese Howell store, and was decided, by both courts, in favor of the defendants' right to close the alley. The plaintiff claimed that the language lan-guage of a deed given in the year 1S82, by John Brown who built the Broom hotel and owned It for many years, until his doath gave the plaintiff plain-tiff and its predecessor in interest a perpetual right to use the alley way for persons and teams so long as they might desire to do so. The defendants defend-ants denied that the deed gave any such right. The language in the deed which caused tho litigation that has covered a period of nenrly five years Js as follows: "Also a right of way along and through that certain alley or passage way " so long as the same shall be used as a passage way." The district and supreme courts both held that tho defendants' contention con-tention that the alley way could be closed by them at any time, was the correct construction to bo given the deed; and authorized them to do so. nn |