Legal Opinion

Van Wagoner v. Whitmore

Utah Supreme Court

Decided May 9, 1921No. 3613PublishedCited by 21 opinions

Appeal from District Court, Seventh District, Carbon County; Geo. Christensen, Judge. Action by A. D. Van Wagoner against J. W. Whitmore, administrator of the estate of George C. Whitmore, deceased and another in which the State of Utah, by its State Board, of Land Commissioners, intervened. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtThurman, J.

This is an action in ejectment to recover possession of a part of section 2, township 15 south, of range 13 east, of the Salt Lake base and meridian, situated in Carbon county, Utah, and damages for detention of the property.

The action was originally commenced against George C. Whitmore and Peter C. Jones. The answer of these defendants disclosed' the fact that Whitmore claimed ownership of the property by adverse possession, and that Jones was Whit-more’s agent merely, and claimed no other interest.

The quantity of land claimed by Whitmore is 56.68 acres. By their amended answer defendants…

2Cases cited35 opinions

  1. Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
  2. Deffeback v. HawkeSupreme Court of the United States · 1885
  3. Cooper v. RobertsSupreme Court of the United States · 1856
  4. County of Redwood v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1889
  5. Alabama v. SchmidtSupreme Court of the United States · 1914

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3Cited by21 opinions

  1. Plateau Mining Co. v. Utah Division of State Lands & ForestryUtah Supreme Court · 1990
  2. Angerman Co., Inc. v. Edgemon Et Ux.Utah Supreme Court · 1930
  3. Newton v. WeilerMontana Supreme Court · 1930
  4. Moore v. StephensSupreme Court of Alabama · 1956
  5. State v. PetersonIdaho Supreme Court · 1939

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