Pioneer Investment & Trust Co. v. Board of Education
Utah Supreme Court
Appeal from Third' .District Court, Salt Lake County. Son. M. L. Ritchie, Judge. Action upon a covenant of warrantj. From a. judgment for plaintiff, defendant appeals. appellant’s AUTHORITIES. In order that possession may be adverse it must be under a claim of title exclusive of any other right.
Read the full summary
Appeal from Third' .District Court, Salt Lake County. Son. M. L. Ritchie, Judge. Action upon a covenant of warrantj. From a. judgment for plaintiff, defendant appeals. appellant’s AUTHORITIES. In order that possession may be adverse it must be under a claim of title exclusive of any other right. (McCracken v. 8an Francisco, 16 Cal. 591; Unger v. Mooney, 63 Cal. 586.) Adverse possession to perfect the bar of the statute must be occupation under' claim of title with knowledge and acquiescence of the other party. (American Company v. Bradford, 27 Cal. 360-66; FouTkner v. Bondoni, 104 Cal.…
1Opinion of the CourtErick, J.
This is an action upon a covenant of warranty. The appellant is a public corporation, and as such held, occupied, used, and sold the premises hereinafter referred to. The evidence tended to establish that the premises in question for many years had been used for public school purposes, but that for ten or fifteen years immediately preceding the transactions involved in this case they had been abandoned for such purpose for the reason that they were more suitable for other purposes, and were held for sale by appellant, and were finally sold by it, as will more fully appear hereafter. The…
2Cases cited10 opinions
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Nephi Plaster & Mfg. Co. v. Juab CountyUtah Supreme Court · 1907
- Dean v. GoddardSupreme Court of Minnesota · 1893
- Ogden City v. Bear Lake & River Water-Works & Irrigation Co.Utah Supreme Court · 1898
- Conyers v. KenanSupreme Court of Georgia · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of Rock Springs v. SturmWyoming Supreme Court · 1929
- Sowadzki v. Salt Lake CountyUtah Supreme Court · 1909
- Olwell v. ClarkUtah Supreme Court · 1982
- Abel v. LoveIndiana Court of Appeals · 1924
- Van Wagoner v. WhitmoreUtah Supreme Court · 1921
11 more not listed; retrieve them via the Exa API.