McMaster v. Morse
Utah Supreme Court
Appeal from the District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action in ejectment for a strip of land. Prom a judgment of non-suit, plaintiff appeals.
Read the full summary
Appeal from the District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action in ejectment for a strip of land. Prom a judgment of non-suit, plaintiff appeals. Under the law upon the question of non-suit, as laid down in Loive v. Salt Lake City, 13 Utah 91, “When motion for non-suit is interposed it becomes the duty of the court to assume as true all facts which could be properly found by a jury from the evidence, and then, after giving the plaintiff the benefit of every fair and legitimate influence and intendment which can arise from the evidence, in order that the court may grant the…
1Opinion of the Court
MINER, J.:
The plaintiff brought this action to recover from the defendants possession of a piece of land described as commencing at the N. W. corner of lot 6, block 57, plat “B” Salt Lake City Survey, in Salt Lake City, running thence south 102 feet, east 3 feet, north 102 feet, west 3 feet to the place of beginning, and claims ownership in fee therein. The answer denies the allegations of the complainant and sets up a special defense to the effect that the defendants own the east part of lot 5, the plaintiff owns the west part of lot 6, Salt Lake City Survey, which immediately adjoins the…
2Cases cited6 opinions
- Brumagim v. BradshawCalifornia Supreme Court · 1870
- Leonard v. FlynnCalifornia Supreme Court · 1891
- O'Farrel v. HarneyCalifornia Supreme Court · 1875
- Whiting v. GardnerCalifornia Supreme Court · 1889
- Cleveland v. ChoateCalifornia Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Holmes v. JudgeUtah Supreme Court · 1906
- Larsen v. OnesiteUtah Supreme Court · 1899
- Strickley v. HillUtah Supreme Court · 1900
- Burns v. LandrethSupreme Court of Colorado · 1933