Legal Opinion

Murphy v. Ganey

Utah Supreme Court

Decided September 17, 1901Published

Appeal from District- Court, Weber County. — Hon. Ogden Hiles, Judge. Action to quiet title by Priscilla Wheatley Murphy against Humphrey J. Ganey and Mary A. Ganey. Erom a decree in favor of defendants, plaintiff appeals. Suit by plaintiff to quiet title to a certain tract of land three rods by eight rods, in Ogden city.

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Appeal from District- Court, Weber County. — Hon. Ogden Hiles, Judge. Action to quiet title by Priscilla Wheatley Murphy against Humphrey J. Ganey and Mary A. Ganey. Erom a decree in favor of defendants, plaintiff appeals. Suit by plaintiff to quiet title to a certain tract of land three rods by eight rods, in Ogden city. In brief, the trial court found that on October 15, 1881, plaintiff made and executed a good and sufficient warranty deed to her husband, Jesse J. Murphy, for the said land, which deed was afterwards, on September 30, 1885, recorded in the recorder’s office of the county…

1Opinion of the CourtHabt, District Judge

(after making the foregoing statement) . — While there is some conflict of testimony on the issues other than res adjudícala, the findings of the court thereon are all sustained by competent testimony, and we are satisfied therewith. While plaintiff, Mrs. Murphy, may have given notice of her claim to said premises to some of the real-estate agents of Ogden just before or about the time tfye divorce suit was filed, we are content with the finding of the trial court that defendants had no knowledge or notice of such claim before purchasing, and that they were bona fide purchasers for value. It…

2Cases cited15 opinions

  1. Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
  2. Dickerson v. ColgroveSupreme Court of the United States · 1880
  3. Kirk v. HamiltonSupreme Court of the United States · 1880
  4. Wendell v. Van RensselaerNew York Court of Chancery · 1815
  5. Hoyt v. LathamSupreme Court of the United States · 1892

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