| Show I 1 alfi I 1 I 1 I 1 T IP I 1 k I 1 1 4 I 1 I 1 I 1 I 1 PROPERTY I 1 I 1 I 1 14 tile of alio salt j will do geraed i A cither ZINE I 1 I 1 and 1 diat 1 it tie 1 ess of taw I 1 is I 1 opinion in full I 1 of tile territorial F mutts as aw of debter day in tile app 11 a aliw 01 1 1 it As ree elver to have turned over to bow worth of personal pr lr beh biging to L iak 0 0 j it I 1 in tile hands of Vs 1 fam of granting tile pr of 4 tile petitioner jeror raj this of the associate justices I 1 beyer chief bastice zano dissented alad filid the follo g opinion f I 1 dissat from tile of tile court aks tile court to order win B with to him as the personal in ili and dl in tile petition it is lazed an fn the petition that the title slid this property tIll handa of defend asit the chura of jesus of latter day saints at tile time of ica dis tion by the act of congress of alarca 3 issa that corporation and V number of other defendants file their joint a d several answer in aich they S iligo that on tile day of debt a the late john taylor was ta I 1 trustee in trust far horation po ration abobo named and in of the in question I 1 and oil that day as trustee stee lie assign ed trum berred arid delivered the same to tile church association of tho balt jako tako of zion a liked and talco took of it a nd that afterwards on the 12 ath day pit barcli 1837 the la ater corpora aloin assigned and transferred th pro r t y to win 13 Il reston dirig r p majd church in trust to be 1140 and in the construe tion of the salt Lake Tempo perly tile churchon I 1 july 1 and that said property erty I 1 all times bas been by it ae proS ie for religious piu reposes and preston then and there took posses pion of such property and Is using in building tile temple and fix no oth cr way the assignments abobo mention led AT 0 produced in evidence evid once and the in corpo r aaion of the ad daar of july I 1 of the church association of the salt lake of zion is also shown athis latter corporation is not made a party to the original bill or to tills pro ce eding ili view of these facto and without a trial ought tile court to as aume that this corporation and its trusted 11 reston has no title to I 1 lie possession of tile proper 7 and grant a peremptory order to deliver the alx lx tty to tile Receiver sor should the tau si leave the receiver to jils api late fremody by action when lie receiver finds property in the of a person r than tile fondant fen dant and that peron claims tile ri 1 lit to it by virtue of a superior title 11 should institute an appropriate tion to determine the title and t courts that such third party claiming by vir V tue of a superior titio has no right to I 1 the property an d peremptorily order tint to turn over the to the rece iver unless it is clear that ft third party has no right to it tile court can act lit such a wa y only when the rights of the pa arties are ob lous and not the 0 i serious controversy ili h on see cc t eke vs milwaukee ik lit 0 1 WIS 0 ahu fell of jeses christ of lat J saints is the narlie adopted b Y us seed or denomination that a set of doctrines held bj 1 1 71 abers in common the church consists of societies and co n grega lions in this and other terri doriea and in the various states arid foreign countries its members ro e sid ingin utah incorporated andera undera specific act of tile Torri torIA legisla 11 turo in force 19 1985 that I 1 act was repeated by the at enactment of march 3 1887 but a that the members of the ijaga C in f in silt lake county asso coated themselves under the name of the church of salt lake I 1 stake of zion and by that name were I 1 n corp orated under the genral law of t lie territory Terri tork authorizing eions for religious educational and other purposes tills is not the cor horation po ration organized under tile special act of ma and led by the act I 1 congress of rurh ad tile f the salt lake stake of zion to still in existence and I 1 am not re ared to say that it 11 alif not the right to receive buell r money an d property as might be 0 ader to acquire such 1 re Z O t at a a in 1 g 1 abe necessary 11 1 whereon to erect houses of and personages parsonages nages and burial bounds younds the funds an means necessary to erect such houses of worship and personages parsonages nages and to in prove such burial grounds such bial it Is clearly recognized by settle a lap 17 and 20 of the act of congress of ad issa in view of some of the positions A taken and adv aniced by ti Z majority of the and in order that I 1 may be better understood I 1 will refer to the sections mentioned fit connection with section 3 of tile act of contress Con Fress of july 1862 this last section prohibited any corporation or for religious purposes holding real in any of the U cited state 8 I 1 of freater aal yal no than th C such real estate acquired or held I 1 con t to biach provision provi should bo aral escheat to the unit ed states and provided that vested then existing in real estate should not be thereby section 13 of tile act of congress 1937 made it the duty of via attorney gen deml to prosecute proceedings to forfeit and escheat to the united states fo r the uso of common schools the pro oft y I 1 eions obtained or he ra in vio ru said motion 3 but pro tiding that no building or the rounds held an mccu pled exclusively for tae purpose bof worship of god or parao necked therewith or burial ge oun s should he forfeited this fecci end s I 1 no limit the value of real estate ae aired after the act of 1862 to 50 t exempts from forfeiture all build ings and tile appurtenant thereto beld and occupied exclusa I 1 fit r tile purpose of the OntI of a nd pars parsonage onagA connected therewith I 1 I 1 and burial grounds even though ex beeding that ashie 1 I the seventeenth section of the act IR march annuls the charter 1 I of the corporation called the church 1 of jesus of latter day salts dissolves tile corporation and requires proceedings to be taken to m ind up its affairs and makes it the duty of tile court to make proper decroos for trans ferring the title to real property held and used by the corporation for places of worship personages parsonages nages and burial re ads of the description mentioned f 1 I 26 of the same act to tile trustees bained therein while this section di solves the corporation and annuls its charter it does not in terms forfeit and escheat to the united states any property it does provide for the transfer of real cat te of the description named to trust a es mentioned in sections 13 and 26 section 20 authorizes the authorities of I 1 in society or congregation to trustees ouch real pro I 1 1 PY 1777 I 1 I 1 0 petty for houses of worship par pa r a a I 1 d burial grounds as ay to lr ary for the convenient we i of lie conar agat ions af such r luious met to this extent the 3 expressly given by this to ild yeal est tie and by 0 acquire real estate and to erect louses of and par boll aft 9 fol ind I 1 to improve bailat an receive and expend the money or ot r ancans incans omary to those ends wa cannot burne afat tile act of arach 3 v ja and es cheated to tile U cited states all the abid ly tile corporation ki tile shurei of christ of day baines at tile that act took effect it only forfeited and 1 e t II 11 such real estate As ha a axe a ac 0 bla ined and held in violit afon of the acton 31 and only so mile it of as did not consist fit buildings and tile grounds a it r tenant thereto there tb bild and mccu c lua ively for of the of god and antl burial pounds real consisting of houa of worship personages parsonages nages and tile ground si noces ary and burial I 1 11 44 buell as were for co von lence and tibe of tile sev oral r con and docic ash t were not forleiter and to tile united states such see trout mentioned required th by decree to transfer to tho trustees of the congregations or societies of such sect inen in geltion 26 to whom the I 1 nal coper ty of ille late corlota cor pota liall achurch of Jesus Christof aulter day saints oni tied it f t at tile time jot its go must ke determined li like final docite ill the cafa of the united states Ys tile Cli of cequs christ 0 f I 1 a t te r saints et oil 35 pacific reporter the court said in deciding this ino tion we are not called upon to finally determine tile rights of tile parties ital to tile property In 11 tilts cao ca O buell rights will be dea cidred ill they 4 dwar and it the receiver claim ii right to assion of tile property a ree Fiver to parties also claim a rights lite issue okill then let arid in my judg melo if such third party in possession claims a highl 1 Y A superior title as in this proceeding the proper remedy to teat tile right Is in action not or er such as IS aked under the acts as they appear I 1 am clea 1 I I 1 the opinion the receiver shen the proper action it he ny to test the right of the alsoc assoc aaion atthe and its jitu stee to the property in tion then they would be civell leation wea t air day in court and lave an 0 i rt an ty to be heard oil the facts an th licar av buell would be due process of law I 1 am unable to in much of the reasoning of lie majority of tile court land iri tile conclusion reached le grand young gave notice of an appeal to tile court odthe united states from like decision de cislon of tile territorial court I 1 I 1 |
