Cook v. HigLey
Utah Supreme Court
Appeal from the District Court of the Fourth Judicial District. Hon. James A. Miner, Judge. Action by Phyllis M. Cook against Geoi’ge Higley, Jr., and another to recover possession of a homestead. The court sustained defendants’ demurrer, and plaintiff electing to stand by her complaint, judgment was entered, from which she appeals.
1Opinion of the CourtBartoh, J.
The court below sustained a demurrer to the complaint *229in tbis case on the ground that it does not state facts ■sufficient to constitute a cause of action. The plaintiff elected to stand by her complaint, which was thereupon •dismissed, and the costs taxed against her. The only material question raised in the record by this appeal is whether, in a case where the husband conveys, by deed, premises occupied by himself and family as a homestead, without being joined in the conveyance by the wife, — the same being against her will, — the wife is entitled to the possession of, and to occupy as a…
2Cases cited3 opinions
- Guiod v. GuiodCalifornia Supreme Court · 1860
- Knudsen v. HannbergUtah Supreme Court · 1892
- Finley v. McConnellIllinois Supreme Court · 1871
3Cited by7 opinions
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- Kimball v. SalisburyUtah Supreme Court · 1898
- Maloy Et Ux. v. Wm. Cameron Co.Supreme Court of Oklahoma · 1911
- Nielson v. PetersonUtah Supreme Court · 1906
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