Legal Opinion

Darke v. Smith

Utah Supreme Court

Decided August 11, 1896No. 696PublishedCited by 2 opinions

Appeal from 'the district court of the Fourth judicial district, Territory of Utah. Hon. W. H. King, Judge. Action uf ejectment by S. W. Darke, administrator, against William L. Smith. Judgment for defendant. Plaintiff appeals. A parol gift of land by father to son will not be specifically enforced in equity, even though accompanied by possession. It will not be enforced against the father while living, nor against his heirs at law, after death.

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Appeal from 'the district court of the Fourth judicial district, Territory of Utah. Hon. W. H. King, Judge. Action uf ejectment by S. W. Darke, administrator, against William L. Smith. Judgment for defendant. Plaintiff appeals. A parol gift of land by father to son will not be specifically enforced in equity, even though accompanied by possession. It will not be enforced against the father while living, nor against his heirs at law, after death. Nor in any case, nor as between persons, nor in favor of an assignee of such promises, however valuable a consideration may have been paid for such…

1Opinion of the Court

ZaNe, C. J.:

Tbe plaintiff, as administrator of tbe estate of tbe late Lot Smith, commenced an action of ejectment against tbe defendant in tbe district court on tbe 20th day of September, 1893, to recover 80 acres of land described in the complaint, to which tbe defendant filed an answer, in which be denied tbe plaintiff’s allegations of ownership, right of possession, and damages, and set up tbe statute of limitations. Tbe answer was accompanied with a cross complaint, in which the defendant alleged that he was tbe son of tbe intestate; that in May, 1884, bis father gave him 80 acres of…

2Cases cited5 opinions

  1. Freeman v. . FreemanNew York Court of Appeals · 1870
  2. Lobdell v. . LobdellNew York Court of Appeals · 1867
  3. People v. ManningCalifornia Supreme Court · 1874
  4. Burlingame v. RowlandCalifornia Supreme Court · 1888
  5. Calderwood v. TevisCalifornia Supreme Court · 1863

3Cited by2 opinions

  1. Bevington v. BevingtonSupreme Court of Iowa · 1907
  2. Van Natta v. HeywoodUtah Supreme Court · 1920

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