Schettler v. Lynch
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Hon. Ogden Hiles, Judge. Action to enjoin defendants from erecting a fence or other obstruction on a certain street in Salt Lake City. From a judgment for plaintiffs defendants appealed. It was not competent to prove any alleged statements of Nicholas Groesbeck when he was dead, and the witnesses were interested. The statute is absolutely clear on this question.
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Appeal from the Third District Court, Salt Lake County.— Hon. Ogden Hiles, Judge. Action to enjoin defendants from erecting a fence or other obstruction on a certain street in Salt Lake City. From a judgment for plaintiffs defendants appealed. It was not competent to prove any alleged statements of Nicholas Groesbeck when he was dead, and the witnesses were interested. The statute is absolutely clear on this question. In the Revised Statutes of Utah, 1898, sec. 3413, it is provided: “The following persons can not be witnesses: “1. Those who are of unsound mind. * * * “2. Children under ten…
1Opinion of the Court 1
The case having been stated as above,
2Opinion of the Court · Baetoi-iBaetoi-i, J.
The appellants insist that the court erred in finding that *313tbe evidence established a dedication, by the owner, and an acceptance, by the public, of the land in controversy, for the purposes of a highway.
To determine the question here presented it is, in the first instance, important to refer to the principles of law involved, and then ascertain whether, in the light of those principles, the evidence established a valid dedication. A dedication may be either express or implied. It is express when' "there is an express manifestation, on the part of the…
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