Legal Opinion

Tarpey v. Madsen

Utah Supreme Court

Decided August 10, 1903No. 1458PublishedCited by 5 opinions

Appeal from the First District Court, Bos Elder County. — Hon. Charles H. Hart, Judge. Action of ejectment. From a judgment in favor of the plaintiff, the defendant appealed.

1Opinion of the CourtBaskin, C. J.

This is an action of ejectment. The answer denies the alleged title of the plaintiff, pleads the statutes of limitation, and also alleges, in substance, that the said D. P. Tarpey on the 26th day of April, 1890, entered into an agreement to sell the premises described in the complaint to one A. H. Snow while the defendant, Andrew Madsen, was in open and notorious possession of the same; that on the 25th of April, 1891, the said Snow commenced an action of ejectment *296in tbe conrt below against the said Madsen to recover said premises; that on the 21st of September, 1891, the said D. P. Tarpey…

2Cases cited2 opinions

  1. State v. MorganUtah Supreme Court · 1901
  2. State v. ThompsonUtah Supreme Court · 1902

3Cited by5 opinions

  1. State v. HarrisWest Virginia Supreme Court · 1911
  2. Lund v. Third Judicial Dist. Court in & for Salt Lake CountyUtah Supreme Court · 1936
  3. Browning v. Bank of VernalUtah Supreme Court · 1922
  4. State v. GuynnUtah Supreme Court · 1935
  5. Smith v. Puget Sound Electric Ry.District Court, W.D. Washington · 1914

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