Barnes v. Cox
Utah Supreme Court
Appeal irom tbe District Court of the Fourth Judicial Dtstrict.- Hon. H. W. Smith, Judge. Action by A. E. Barnes against M. D. Cox for the possession of certain lands and for damages for unlawful •detainer. From a judgment for plaintiff, defendant appeals. The complaint need not allege that plaintiff is entitled to tbe possession of the premises, although such an allegation can be gathered from the complaint.
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Appeal irom tbe District Court of the Fourth Judicial Dtstrict.- Hon. H. W. Smith, Judge. Action by A. E. Barnes against M. D. Cox for the possession of certain lands and for damages for unlawful •detainer. From a judgment for plaintiff, defendant appeals. The complaint need not allege that plaintiff is entitled to tbe possession of the premises, although such an allegation can be gathered from the complaint. The premises are unsurveyed government land, possession of which gives plaintiff the right of possession. Hall & Paulson Furn. Co. v. Wilbur, 30 Pac. 665; Q. & St. L. E. B. Co. v.…
1Opinion of the Court
Bartoh, J.:
The plaintiff brought this action to recover possession of certain unsurveyed lands of the United States, and for damages for the rents and profits of said premises. The case was tried, and a verdict and judgment rendered in his favor. This appeal is taken from the judgment roll, and the sole question necessary to be considered is whether the complaint states facts sufficient to constitute a cause of action. It is therein alleged that on the 19th day of March, 1890, the plaintiff was, and for a long time prior thereto had been, in the quiet and peaceable possession of the premises…
2Cases cited5 opinions
- Bryan v. SmithMichigan Supreme Court · 1862
- Lowman v. WestWashington Supreme Court · 1894
- Bush v. DunhamMichigan Supreme Court · 1856
- Morse v. BoydeMontana Supreme Court · 1891
- Spurck v. ForsythIllinois Supreme Court · 1866
3Cited by1 opinion
- White v. VeitchWyoming Supreme Court · 1921