Whittaker v. Greenwood
Utah Supreme Court
Appeal irom district court. Fifth district; E. Y. Higgins, Judge. Suit by James Whittaker against Joshua Greenwood, Caroline Black, and Burnham, Hanna, Munger & Co., a corporation, to quiet title. There was a decree for defendants, and plaintiff appeals. If no Us pendens he filed, the party acquiring an interest or claim pendente Me stands wholly unaffected hy the suit. If he has any rights, which, but for the suit, he could set up, he may still maintain those rights.
Read the full summary
Appeal irom district court. Fifth district; E. Y. Higgins, Judge. Suit by James Whittaker against Joshua Greenwood, Caroline Black, and Burnham, Hanna, Munger & Co., a corporation, to quiet title. There was a decree for defendants, and plaintiff appeals. If no Us pendens he filed, the party acquiring an interest or claim pendente Me stands wholly unaffected hy the suit. If he has any rights, which, but for the suit, he could set up, he may still maintain those rights. But he would not be foreclosed by a judgment against tlie party to tlie suit from whom he obtained his assignment. 2 Devlin on…
1Opinion of the Court
Minee, J.:
This action was brought to quiet title to a certain piece of land referred to in the complaint. Upon an agreed statement of facts the court found: That on the 28th day of January, 1897, plaintiff recovered judgment against the Salt Lake Equitable Co-operative Institution for the sum of $5,074. An execution was issued thereon, and levied upon all the interest of the defendant, the Salt Lake Equitable Co-operative Institution, in a certain piece of land in question in this suit, by virtue of which defendant’s inter-, est was sold to plaintiff on March 16, 1897, and a certificate of…
2Cases cited5 opinions
- Sampson v. OhleyerCalifornia Supreme Court · 1863
- Baker v. PiersonMichigan Supreme Court · 1858
- Sharp v. LumleyCalifornia Supreme Court · 1868
- Needham v. Salt Lake CityUtah Supreme Court · 1891
- Howell v. RogersCalifornia Supreme Court · 1874
3Cited by6 opinions
- Tanner v. Provo Reservoir Co.Utah Supreme Court · 1931
- Whitely v. St. Louis, E. R. & W. Ry. Co.Supreme Court of Oklahoma · 1911
- Dupee v. Salt Lake Valley Loan & Trust Co.Utah Supreme Court · 1899
- Meagher v. Equity Oil CompanyUtah Supreme Court · 1956
- Jones v. State Tax CommissionUtah Supreme Court · 1940
1 more not listed; retrieve them via the Exa API.