Welner v. Stearns
Utah Supreme Court
Appeal from District Court, Third District; Hon. G. W. 'Morse, Judge. Action by August Weiner against Amanda Stearns and others. Judgment for defendant. Plaintiff appeals. appellant’s points.
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Appeal from District Court, Third District; Hon. G. W. 'Morse, Judge. Action by August Weiner against Amanda Stearns and others. Judgment for defendant. Plaintiff appeals. appellant’s points. The privity requisite to constitute continuous adverse possession by tacking the possession of the original entry-man to that of another may be effected by any conveyance. agreement, or understanding that has for its object a transfer of possession and is accompanied by a transfer in fact. Eepley v. Scully, 185 Ill., 52; 57 N. E. 187; Vandal v. SI. Martin, 42 Minn. 163; 44 N. W. 525; Smith v. Chapin, 31…
1Opinion of the CourtFrick, C. J.
Tbis is an appeal from a judgment or decree quieting the title to certain real estate in the respondent Peter Borg.
The action was originally commenced by appellant to determine adverse claims to real estate, and was based on Comp. Laws 1907, sec. 3511, which provides:
“An action may be brought by any person against another who claims an estate or interest in real property adverse to him, for the purpose of determining such adverse claim.”
The pleadings, motions, and affidavits in support thereof cover nearly sixty pages of the printed abstract, and by reason of their volume it is impracticable…
2Cases cited4 opinions
- Kepley v. ScullyIllinois Supreme Court · 1900
- Salt Lake Investment Co. v. FoxUtah Supreme Court · 1907
- Vandall v. MartinSupreme Court of Minnesota · 1889
- Hopkins' Heirs v. CallowayTennessee Supreme Court · 1869
3Cited by24 opinions
- H. L. Peterson Company v. S. W. Applewhite, Ii, Et Ux., S. W. Applewhite, Ii, Et Ux. v. A. O. Smith Corporation and H. L. Peterson CompanyCourt of Appeals for the Fifth Circuit · 1967
- Cooper v. Carter Oil CompanyUtah Supreme Court · 1957
- Central Pac. Ry. Co. v. TarpeyUtah Supreme Court · 1917
- Mansfield v. NeffUtah Supreme Court · 1913
- Meagher v. Uintah Gas Co.Utah Supreme Court · 1953
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