Hilton v. Roylance
Utah Supreme Court
Appeal from the Third District Court, Salt Late County.— Eon. W. 0. Hall Judge. Action by the plaintiff, as the surviving wife and widow of John E. Park, deceased, claiming as such widow to be entitled to one-third of certain real estate which the deceased in his lifetime sold to the defendant, to have the same partitioned and set apart to her as her separate property in fee simple. Erom a decree in favor of the defendant, the plaintiff appealed. STATEMENT -OE EACTS.
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Appeal from the Third District Court, Salt Late County.— Eon. W. 0. Hall Judge. Action by the plaintiff, as the surviving wife and widow of John E. Park, deceased, claiming as such widow to be entitled to one-third of certain real estate which the deceased in his lifetime sold to the defendant, to have the same partitioned and set apart to her as her separate property in fee simple. Erom a decree in favor of the defendant, the plaintiff appealed. STATEMENT -OE EACTS. Tbe plaintiff brought this action as the surviving wife and widow of John R. Park, deceased, and claims that she, as such…
1Opinion of the CourtBartch, J.
The principal question to be determined is, were John R. Park and Annie E. Armitage lawfully married on December 5, 1872 ? The appellant insists that- the ceremony was performed according to the rites of the Mormon Church, by a person authorized to perform it, that it was a legal marriage, and valid at common law; and that the court erred in finding that the parties never intermarried and were never husband and wife. The respondent contends that there never was a marriage in this case, because, as is insisted, there never was any consent to a marriage contract, and that the burden was upon…
2Cases cited11 opinions
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
- Hulett v. CareySupreme Court of Minnesota · 1896
- Jackson, ex rel. Dies v. WinneNew York Supreme Court · 1831
- Baxter v. . McDonnellNew York Court of Appeals · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Toncray v. BudgeIdaho Supreme Court · 1908
- Leeds v. HarrisonSupreme Court of New Jersey · 1952
- In Re Love's EstateSupreme Court of Oklahoma · 1914
- Forsythe v. PaschalArizona Supreme Court · 1928
21 more not listed; retrieve them via the Exa API.