Legal Opinion · Dissent

Perry Estate v. Ford

Utah Supreme Court

Decided July 15, 1915No. 2703Published

Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by the D. H. Perry Estate against Rufus Ford. Judgment for plaintiff. Defendant appeals.

1DissentMcCARTY, J.

In his answer defendant alleges that he has acqtdred title to the ground in dispute by adverse possession, and it is the only source of title pleaded by him. I shall assume, however, for the purpose of this case, the defendant may, under the allegations of adverse possession, prove title derived from any source.

There is no substantial conflict in the evidence regarding the material facts in the case. The evidence shows that Ogden *455City was first surveyed, the streets and blocks platted, in 1853. In 1869 another survey was made, and the streets and blocks again platted. It seems that this…

2Cases cited8 opinions

  1. Holmes v. JudgeUtah Supreme Court · 1906
  2. Rydalch v. AndersonUtah Supreme Court · 1910
  3. Young v. HylandUtah Supreme Court · 1910
  4. Tanner v. StrattonUtah Supreme Court · 1914
  5. Binford v. EcclesUtah Supreme Court · 1912

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