Azzalia v. St. Claire
Utah Supreme Court
Appeal from the Fifth District Court, Juab County. — Hon. E. V. Higgins, Judge. Action in replevin for the recovery of certain property and damages for wrongfully withholding the possession thereof. From a judgment for plaintiff, defendant appealed. STATEMENT OF FACTS.
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Appeal from the Fifth District Court, Juab County. — Hon. E. V. Higgins, Judge. Action in replevin for the recovery of certain property and damages for wrongfully withholding the possession thereof. From a judgment for plaintiff, defendant appealed. STATEMENT OF FACTS. This is an action to recover possession of the real property described in the complaint, and to recover damages for wrongfully withholding the possession thereof from the plaintiff by the defendant It is alleged in the complaint that the plaintiff, at all of the times mentioned therein, had a legal estate in said real property,…
1Opinion of the CourtBaskin, J.
Appellant’s counsel claim that under the undisputed facts, as a matter of law, the appellant is entitled to judgment.
It is clear, if the undisputed facts show that the title to the house passed to the appellant, she was entitled to a verdict in her favor; if, however, they show that the title did not pass to her, then the verdict is correct, and the judgment should be affirmed.
The lumber company could not convey an absolute title to the house, and by the terms of its agreement with appellant, bound itself to convey only its right, title and interest in the house.
The bill of sale made by the…
2Cases cited6 opinions
- Barry v. . Hamburg-Bremen Fire Ins. Co.New York Court of Appeals · 1888
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
- Thompson v. CheesmanUtah Supreme Court · 1897
- Sidney Stevens Implement Co. v. South Ogden Land, Building & Improvement Co.Utah Supreme Court · 1899
- Peck v. Girard Fire & Marine InsuranceUtah Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bybee v. StuartUtah Supreme Court · 1948
- Gibbons v. GibbonsUtah Supreme Court · 1943
- First National Bank of Salt Lake City v. HaymondUtah Supreme Court · 1936
- Fields v. Daisy Gold Mining Co.Utah Supreme Court · 1903
- Western Education Society v. HuntingtonOhio Superior Court, Cincinnati · 1914
1 more not listed; retrieve them via the Exa API.