George v. Robison
Utah Supreme Court
Appeal from tbe Fifth District Court, Millard County. — Hon. E. V. Higgins, Judge. Action to recover damages for a breach of warranty contained in a deed. From a judgment for plaintiff, defendants appealed. “It has been well settled that shares of stock are personal property, and not realty. A share of stock is not real estate, has nothing to give it the character of real estate, is not land, nor an hereditament nor an interest in either of them.”
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Appeal from tbe Fifth District Court, Millard County. — Hon. E. V. Higgins, Judge. Action to recover damages for a breach of warranty contained in a deed. From a judgment for plaintiff, defendants appealed. “It has been well settled that shares of stock are personal property, and not realty. A share of stock is not real estate, has nothing to give it the character of real estate, is not land, nor an hereditament nor an interest in either of them.” Cook on Stocks (3 Ed.), sec. 12, p. 21; Tregear v. Etiwanda Water Co., 18 Pac. 658; 76 Cal. 537; Eirst National Bank v. Hastings, 42 Pac. 691; 7…
1Opinion of the Court
BARTCH, O. J.
This is an action to recover damages for a breach of warranty contained in a deed, conveying certain land with the appurtenances, executed by the defendants to the plaintiff, who1 claims that the water used to irrigate the land was appurtenant thereto, and was included in the covenant of warranty, and that he has been ousted and deprived of the use and enjoyment of the water. The land is situate in the town of Kanosh. The deed bears date October 26, 1894, and the plaintiff claims that he was deprived of the use of water *81about May 1, 1897. At the trial, which was before the court…
2Cases cited2 opinions
- Tregear v. Etiwanda Water Co.California Supreme Court · 1888
- Snyder v. MurdockUtah Supreme Court · 1899
3Cited by10 opinions
- Berg v. Yakima Valley Canal Co.Washington Supreme Court · 1915
- Brimm v. Cache Valley Banking Co.Utah Supreme Court · 1954
- In Re Johnson's EstateUtah Supreme Court · 1924
- Sanpete America, LLC v. WillardsenUtah Supreme Court · 2011
- Park v. ALTA DITCH & CANAL COMPANYUtah Supreme Court · 1969
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