Legal Opinion

Asper v. Moon

Utah Supreme Court

Decided January 28, 1902No. 1321PublishedCited by 16 opinions

Appeal from the Third District Court, Salt Lake County.— Hon. Ogden Hiles, Judge. Action to quiet the title to certain real estate which the plaintiff alleges he owns and is in possession and entitled to the possession thereof and that the defendant claims the same adversely to' him through a tax deed. From a judgment quieting the title in the plaintiff, the defendant appealed.

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Appeal from the Third District Court, Salt Lake County.— Hon. Ogden Hiles, Judge. Action to quiet the title to certain real estate which the plaintiff alleges he owns and is in possession and entitled to the possession thereof and that the defendant claims the same adversely to' him through a tax deed. From a judgment quieting the title in the plaintiff, the defendant appealed. The court erred in holding the tax deed illegal for the reason that in the notice of sale, the property was described as being in “Folsom’s Add.” and did not state whether it was in Salt Lake City or in Salt Lake…

1Opinion of the CourtBaskin, J.

This is an action to quiet the title to certain real estate, situated in Salt Lake City, which the plaintiff alleges he owns and is in possession and entitled to the possession .thereof, and that the defendant claims the same adversely to him. The adverse claim set up in the answer is based upon a deed of said premises executed and delivered by the tax collector of Salt Lake county to said defendant, as purchaser thereof, at a sale of the same made by said collector for the delinquent taxes of 1895.

The only question involved is the validity of the tax deed.

This court, in Olsen v. Bagley, 10…

2Cases cited2 opinions

  1. Olsen v. BagleyUtah Supreme Court · 1894
  2. Eastman v. GurreyUtah Supreme Court · 1897

3Cited by16 opinions

  1. Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
  2. Tintic Undine Mining Co. v. ErcanbrackUtah Supreme Court · 1938
  3. Burton v. HooverUtah Supreme Court · 1937
  4. Peterson v. JohnsonUtah Supreme Court · 1934
  5. Anson v. EllisonUtah Supreme Court · 1943

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