Culmer v. Wilson
Utah Supreme Court
Appeal from the district court of the Third judicial district, Territory of Utah, Hon. S. A. Merritt, Judge. Action by William H. Culmer against R. G. Wilson and Belle Wilson, his wife, for contribution for damages paid by plaintiff as joint tort feasor in a case in which he, as naked trustee for Belle Wilson, had been sued jointly with her and with her former husband, by name of Tompkins, for trespass committed by them in the execution of an unlawful judgment, rendered by a…
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Appeal from the district court of the Third judicial district, Territory of Utah, Hon. S. A. Merritt, Judge. Action by William H. Culmer against R. G. Wilson and Belle Wilson, his wife, for contribution for damages paid by plaintiff as joint tort feasor in a case in which he, as naked trustee for Belle Wilson, had been sued jointly with her and with her former husband, by name of Tompkins, for trespass committed by them in the execution of an unlawful judgment, rendered by a United States commissioner who had no jurisdiction in a case brought by plaintiff solely at the instigation of the said…
1Opinion of the Court
Miner, J.:
The complaint in this case shows that the plaintiff held title to certain real estate in Juab county, merely as trustee for the use and benefit of the defendant Belle Wilson, who was then the wife of Harvey R. Tompkins; that plaintiff had no beneficial interest therein, and that in September, 1887, he conveyed the property to said Belle Wilson; that the plaintiff simply held the title for her in trust on account of the intemperate habits of her then husband; that prior to said conveyance to her, in 1887, the said Belle Wilson informed the plaintiff that one Anna Marks was wrongfully…
2Cases cited13 opinions
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- Gower v. EmerySupreme Judicial Court of Maine · 1841
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3Cited by21 opinions
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- Hageman v. VanderdoesArizona Supreme Court · 1914
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