Salt Lake Investment Co. v. Fox
Utah Supreme Court
Appeal from District Court, Third District; C. W. Morse, Judge. Action by the Salt Lai» Investment Company against Jesse M. Fox. From a judgment for plaintiff, defendant-appeals. appellant's points. The findings in relation to adverse possession are not supported by the pleadings, and in this respect there is a material variance between the pleadings and findings, and such findings are nugatory and should be disregarded.
Read the full summary
Appeal from District Court, Third District; C. W. Morse, Judge. Action by the Salt Lai» Investment Company against Jesse M. Fox. From a judgment for plaintiff, defendant-appeals. appellant's points. The findings in relation to adverse possession are not supported by the pleadings, and in this respect there is a material variance between the pleadings and findings, and such findings are nugatory and should be disregarded. (Maynard v. Insurance Go., 14 Utah 458; Loofbourow v. Hicks, 24 Utah 49; Bowles v. Glawson, 28 Utah 74.) It is manifest, then, that Moon’s possession was not hostile in its…
1Opinion of the CourtMeOAETY, C. J.
Plaintiff brought this action to quiet title to all of lots 25 to 36, in block 2 of South Lawn addition to Salt Lake city. The answer denies plaintiff’s ownership to the lots, and alleges the title and right of possession thereof to be in the defendant.
It is admitted that the record title to the lots in question is in the defendant. Plaintiff, however, claims1 title by adverse possession. The facts upon which plaintiff (responded here) bases its elaim of title by adverse possession are as follows: On January 4, 1896, the lots in question were sold for taxes to E. Martin, who received a tax…
2Cases cited3 opinions
- Bowman v. WettigIllinois Supreme Court · 1866
- McKeighan v. HopkinsNebraska Supreme Court · 1883
- Pease v. LawsonSupreme Court of Missouri · 1862
3Cited by11 opinions
- Welner v. StearnsUtah Supreme Court · 1911
- Honeyman v. AndrewSupreme Court of Oklahoma · 1926
- Scott v. HansenUtah Supreme Court · 1966
- Wittrock v. WeiszNorth Dakota Supreme Court · 1955
- Bozievich v. SlechtaUtah Supreme Court · 1946
6 more not listed; retrieve them via the Exa API.