Whittemore v. Cope
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by C. 0. Whittemore against Thomas H. Cope ^nd others, for the recovery of a share of the estate of Thomas H. Cope, deceased. From a decree based on the referee’s report in harmony with the cross-complaint ■of defendants, plaintiff and defendant, George H. Cope, .appeal.
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Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by C. 0. Whittemore against Thomas H. Cope ^nd others, for the recovery of a share of the estate of Thomas H. Cope, deceased. From a decree based on the referee’s report in harmony with the cross-complaint ■of defendants, plaintiff and defendant, George H. Cope, .appeal. Janet Cope, the legal wife of Thomas Cope, lived upon ■and occupied the homestead and had a life estate therein. Her estate in the land could not be adverse to the rights of Thomas and George Cope. Comp. Laws, 1876, § 676, p. 268;…
1Opinion of the Court
KING, J.:
Plaintiff avers in his complaint that one Thomas H. Cope died intestate in 1864, and at the time of his death was the owner of lot 5, block 3, plat CiB,” Salt Lake City, and lot 16, block 18, Big Field survey; that said lots were distributed by a decree of the district court to thp defendants Thomas H. Cope and George H. Cope, as *351lis sole surviving heirs; that, prior to the distribution, Thomas H. Cope, claiming to be sole heir, sold lot 16 to •one Thomas Jack, through whom defendants Mary Ann Jack and B. S. Young claim title; that defendant Thomas H. Cope is the owner of an…
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