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CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS v. SCARBOROUGH

No. 4187.

189 F.2d 800 (1951)

CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS v. SCARBOROUGH.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 5, 1951.

Attorney(s) appearing for the Case

Leon Sarpy, New Orleans, La. (Ray, Quinney & Nebeker, and Albert R. Bowen, all of Salt Lake City, Utah, and Chaffe, McCall, Toler & Phillips, New Orleans, La., on the brief), for appellant.

James William Jones, Jr., Natchitoches, La., for appellee.

Before BRATTON, HUXMAN, and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

The plaintiff, as administrator of the estate of Eliza J. Holt, brought this action against the Church of Jesus Christ of Latter Day Saints, hereinafter referred to as the Church, to recover $7000 which was on deposit with the Church pursuant to the terms of an instrument executed by the parties on August 9, 1929. This appeal is from a judgment in favor of the plaintiff.

On about April 1, 1926, Charles E. Holt deposited with the Church...

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