Tarpey v. Deseret Salt Co.
Utah Supreme Court
Appeal from a judgment of the district court of the first district, and from an order .sustaining a motion for non-suit. This was an action in ejectment. The complaint alleged title in fee in plaintiff and right to possession, unlawful entry and withholding by defendant. The answer took issue upon the allegations of the complaint.
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Appeal from a judgment of the district court of the first district, and from an order .sustaining a motion for non-suit. This was an action in ejectment. The complaint alleged title in fee in plaintiff and right to possession, unlawful entry and withholding by defendant. The answer took issue upon the allegations of the complaint. Plaintiff offered in evidence a deed from the Central Pacific Bailroad Co. to plaintiff, which was duly acknowledged and recorded but not witnessed. Plaintiff also proved title in said railroad company, deed was objected to, the objection was sustained and plaintiff…
1Opinion of the Court
Boreman, J.:
This is an action for the recovery of the possession of real estate. Upon the trial in the court below, when the plaintiff (appellant here) had introduced his evidence and’ rested his case, the defendant (respondent) moved the court for judgment of nonsuit against the plaintiff, which motion was granted. Prom this judgment of nonsuit the appellant has brought the case to this court.
1. The first alleged error was the action of the court im sustaining the objection of the respondent to the introduction in evidence of a certain deed purporting to be from the Central Pacific Bailroad…
2Cases cited15 opinions
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