Legal Opinion

Boothe v. Wyatt

Utah Supreme Court

Decided June 25, 1919No. 3341PublishedCited by 4 opinions

Appeal from District Court, First District, Box Elder County; J. D. Call, Judge. Action by Willis H. Boothe, wherein Willis H. Boothe, Jr., executor of the’last will and testament of Willis H. Boothe, was substituted as plaintiff, against E. M. Wyatt and Olive Wyatt, his wife, and H. W. Wyatt and Mattie Wyatt, his wife. From judgment dismissing the complaint, plaintiff appeals.

1Opinion of the CourtCorfman, C. J.

This action was begun in the district court for Box Elder county by Willis H. Boothe to recover from the defendants $857.80 actual damages and $1,000 special damages alleged to have been sustained by reason of the foreclosure of a material-man’s lien on certain real property conveyed to him by the defendants by warranty deed. After the commencement of *552the action W. H. Boothe died. Thereupon "W. IT. Boothe, Jr.,'' was substituted as plaintiff, and the case was thereafter prosecuted by him in his representative capacity.

It is in substance alleged by the complaint that on January 10, 1914, the…

2Cases cited2 opinions

  1. Hoyt Post v. CampauMichigan Supreme Court · 1879
  2. George A. Lowe Co. v. Simmons Warehouse Co.Utah Supreme Court · 1911

3Cited by4 opinions

  1. Hancock v. Planned Development Corp.Utah Supreme Court · 1990
  2. Bergstrom v. MooreUtah Supreme Court · 1984
  3. Brewer v. PeatrossUtah Supreme Court · 1979
  4. Webb v. Interstate Land Corp.Utah Supreme Court · 1996

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