Corporation of the Members of the Church of Jesus Christ of Latter Day Saints v. Watson
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Hon. W. G. Hall, Judge. Action in ejectment. Erom a judgment in favor of the plaintiff, the defendant appealed. It was not enough to warrant a decision in favor of plaintiff to have found that it does not appear that said Bishop had acquired influence over Ohatfield or that he took advantage of such or any influence. It must, on the contrary, to uphold this judgment, be made to appear that such was not the fact.
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Appeal from the Third District Court, Salt Lake County.— Hon. W. G. Hall, Judge. Action in ejectment. Erom a judgment in favor of the plaintiff, the defendant appealed. It was not enough to warrant a decision in favor of plaintiff to have found that it does not appear that said Bishop had acquired influence over Ohatfield or that he took advantage of such or any influence. It must, on the contrary, to uphold this judgment, be made to appear that such was not the fact. Instead of it being made to appear that way by us, it devolved upon the plaintiff to, under the conditions of this case, show…
1Opinion of the CourtMiner, C. J.
This action of ejectment was brought by the respondent to recover the possession of the premises in question. The record shows that in April, 1886, George Chatfield, of the age of sixty-seven years, without children or heirs, married Martha Sandal, a widow lady of about sixty years, who had three children living. After such marriage, the parties continued to reside together in a small dwelling house owned by Chatfield, the premises in question, until August 4, 1886, when Chatfield died intestate. Helen Watson, the defendant here, was the daughter of Martha Sandal by her former husband, and…
2Cases cited8 opinions
- Boyd v. . De La MontagnieNew York Court of Appeals · 1878
- Odell v. MossCalifornia Supreme Court · 1900
- Darlington's AppealSupreme Court of Pennsylvania · 1878
- Ross v. ConwayCalifornia Supreme Court · 1892
- Richmond Appeal from ProbateSupreme Court of Connecticut · 1890
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3Cited by5 opinions
- Baker v. PatteeUtah Supreme Court · 1984
- Guill v. WolpertNebraska Supreme Court · 1974
- Hatch v. HatchUtah Supreme Court · 1914
- Church v. WatsonUtah Supreme Court · 1904
- Corporation of Members of Church of Jesus Christ of Latter-Day Saints v. WatsonUtah Supreme Court · 1906