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Show payment of the money, the trustee also giving the bank a promissory note forSS,500. After "the note becamo due, C;.ono was paid the bank and a new note was drawn by Mr. Kurtz, being an Individual In-dividual note In favor of the bank for the balance due, which in turn was not paid when due. The bank then recorded re-corded the sheriff's dcd to the property prop-erty and claimed t.tle, selling tho sanitarium to B. M Robinson, who took possession of tho plaeo and began be-gan to operate It, J. H. Kurtz, trnstee-In-trust for tho Kurt, estate, protesting. protest-ing. The question now is whether the sheriffs deed to the property, hold by the bank, Is a mortgage on the property prop-erty or a legal conveyance giving absolute ab-solute titlo to the property. Jfdge W. L. Maglnnis, Abbott Ma-glnni;; Ma-glnni;; and A. G. Horn are the attorneys attor-neys for the Kurtz estate, and Wil'is & DeVine, If. H. Henderson and T. D. I .(obnson represent Mr. Robinson and I the Pingrpc bank. SANITARIUM IN A LEGAL TANGLE Lively Scenes at the Bathing Resort During; Enforcing of an Order j of the District Court History of a Long' Legal Struggle for Possession of the Property. For the past five years the Ogden Canvon Sanitarium has been in the hands of litigants Lately new legal complications have arisen and now the property Is Involved over the question ques-tion whether a deed issued by the Sheriff of Weber county to the Pln-gree Pln-gree National bank Is a deed in escrow es-crow or whether it Is simply security for the payment of a note and has tho same legal status as a mortgage. Tho most recent chapter In the proceedings pro-ceedings Is the Issuance of a writ of certiorari by the supreme court directing di-recting Judge Howell to review yesterday's yes-terday's proceeding of his court A few days ago B- M. Robinson took possession of the sanitarium, claiming ho had purchased It from the Pingree bank, and be was granted an order restraining J. H. Kurtz, who had b?en operating the resort for some time as trustee-In trust for the esta.o of his brother T. J. Kurtz, deceased, from interfering In any way with the op eratlons of the bathing place. Yesterday afternoon Mr. Kurtz ap-peared ap-peared in Judge Howell's court and showed to tbe satisfaction of the court that Robinson was wrongiully holding possession of the property and that he had misinformed the court when he asked for a restrain ing order, advising the court that he was then in actual possession when he was not, and that Mr. Kurtz should be permitted to continue to handle the sanitarium under the color of the right to the property which he claimed. The restraining order was dissolved and the parties holding It in their possession ordered to vacate ami turn the property over to Mr. Kurtz This was to have been done by six otioCK last evening. The court stated, in making the order, that if the parties did not vacate at that time and give peaceable possession to Mr, Kuitz, that thev would be considered to be In contempt of court and would be treated accordingly. When Kurtz arrived at the sanltar ium at 6. If i last evening, he found i he place locked. He unlocked the doois and opened un for business. In the meantime Robimson had ad vised his men to again enter the place and hold possession, which thev attempted to do They were ejected by employes em-ployes of Mr Kurtz. Considerable excitement prevuiled at the Sanitarium and It looked as though there might be a pitched battle bat-tle Attorney John Davis, represent lug Robinbou, was ejected from the premises by force, after he had made a desperate effort to remain inside the building. No one was hurt, though. Aside from dissolving the restraining restrain-ing order heretofore secured by Robinson, Rob-inson, the order of the court of last night also denied the motion of Robinson Rob-inson for a temporary Injunction against Kurtz entering the premises. The court also ordered that $370 ru taken from the Sanitarium by Robinson Rob-inson when he took possession of the property be returned to the clerk of the district court' Under the writ from the supremo i court, Judge Howell will review the i proceedings of yesterday afternoon, in the meantime, however. Mr Kurtz will i remain in possession of the Sanitarium. Sanitar-ium. A number of years ago a stock coin- j pany, known as the Opden Canvon Sanitarium company, was formed and improvements begun on hot spring; that gush from the mountain near the mouth of Ogden canyon. A sanitarium was built at great cost. T. J. Kurtz was a heavy stockholder In the company com-pany and had much to do with the improving of the place. Before the sanitarium was completed, T. J. Kurtz died, and his brother, .1. H. Kurtz, came to Ogden to take charge of bis estate. He became tbe administrator admin-istrator and was finally appointed trnstee in-trusl for the estate, lo handle han-dle the property of tho estate in such wnv as to avoid depreciation The company became h.iid pressed j for meaus to continue the desired improvements im-provements on the sanitarium, and J. 11 Kurtz, as trust co in-trust of the Kurtz estate, made the company a loan of about $18,000, taking a mortgage mort-gage as secur.ty for bis money. This debt was not paid as stipulated in the note aud the trustee foreclosed. At this time there were numerous other claims against the Ogden Canyon Sanitarium company, anil the property of the company Includ.ng the sanitarium, sani-tarium, passed into the hands of a receiver, re-ceiver, and the property was finally $old under a sheriff s snle for the benefit of the creditors. At this sale, J. n. Kurtz, as trustee-in-tiust for the T. J. Kurtz estate, bid in the property, tho interest of the es j tate of the late Mr. Kurtz in the com- j pany being considered worth $20,000. tbe properly selling for $28,500 In order to pay tho balance of the purchase pur-chase bid, the trustee borrowed $S,S0rt rrom the Plugrce National bank, assign. as-sign. ng the sheriffs deed to the property prop-erty to the bank as security fori he i |