Fayter v. North
Utah Supreme Court
Appeal from District Court, Salt Lake County; W. 0. Hall, Judge. Suit by Louis Fayter against Marian K. North and others. From a decree in favor of plaintiff, defendants appeal. APPELLANT'S POINTS. It is fundamental that in order for a thing to pass as an appurtenance it must belong and be appendant to the thing granted. (2 A. & E. Ency.
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Appeal from District Court, Salt Lake County; W. 0. Hall, Judge. Suit by Louis Fayter against Marian K. North and others. From a decree in favor of plaintiff, defendants appeal. APPELLANT'S POINTS. It is fundamental that in order for a thing to pass as an appurtenance it must belong and be appendant to the thing granted. (2 A. & E. Ency. Law (2 Ed.), 523-4.) It is essential as a preliminary requisite that such an easement should have in fact been used by the owner during the unity of the tenements. (Kelly v. Dunning,° 10 Atl. 279; Tool Go. v. Corliss etc. Go., 9 Rhode Island 564; Evans v.…
1Opinion of the Court
BARTCIí, O. J.,
after stating the facts, delivered the opinion of the court.
The appellant insists, among other things, that the court erred in permitting the introduction of evidence respecting the conversations between the vendor and the vendee and admissions of the vendor had and made, at the time the bargain of sale was made and when the deed was executed, concerning the drain ditch, and use of the water flowing therein, because, as is urged, such evidence was inadmissible as varying the terms of a written conveyance. This objection to the admission of the testimony referred to is, under…
2Cases cited22 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Thorington v. SmithSupreme Court of the United States · 1869
- Reed v. Insurance Co.Supreme Court of the United States · 1877
- Cave v. CraftsCalifornia Supreme Court · 1878
- Paine v. . ChandlerNew York Court of Appeals · 1892
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3Cited by17 opinions
- Adamson Et Ux. v. BrockbankUtah Supreme Court · 1947
- Garns v. RollinsUtah Supreme Court · 1912
- Lamb v. . LambSupreme Court of North Carolina · 1919
- Rotberg v. Dodwell & Co.Court of Appeals for the Second Circuit · 1945
- Rollo v. NelsonUtah Supreme Court · 1908
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