Folsom v. Asper
Utah Supreme Court
Appeal from the Third District Court, Salt Date County. — ■ Eon. W. O. Rail, Judge. Action to quiet title to certain real estate situated in Salt Lake county and claimed as a liomestead by the plaintiff. Erom a decree in favor of the defendants, the plaintiff appealed. Laws governing exemptions from forced sales on exeeu-' tion affect the remedy only.
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Appeal from the Third District Court, Salt Date County. — ■ Eon. W. O. Rail, Judge. Action to quiet title to certain real estate situated in Salt Lake county and claimed as a liomestead by the plaintiff. Erom a decree in favor of the defendants, the plaintiff appealed. Laws governing exemptions from forced sales on exeeu-' tion affect the remedy only. Such laws should be liberally construed to secure the citizen from unjust and oppressive litigation, and protect those without other means in their pursuits, which are necessary to the existence of every community. Turkman v. Bird, 22 Utah 100.…
1Opinion of the CourtBaskin, C. J.
This is an action to quiet the title to certain real estate situated in Salt Lake county, claimed as a homestead by the plaintiff. A. IT. Raleigh, who was originally the defendant, having died pending the action, his administrators, William Asper and Alfred Solomon, were substituted as defendants. The answer admits that the plaintiff is the owner of the property described in the complaint, subject to the lien therein alleged.
The trial court made the following findings of fact: “That the plaintiff is the owner and in possession and entitled to the possession of all the real estate (described…
2Cases cited14 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Bronson v. KinzieSupreme Court of the United States · 1843
- Beecher v. BaldyMichigan Supreme Court · 1859
- Morse v. . GooldNew York Court of Appeals · 1854
- Hawthorne v. SmithNevada Supreme Court · 1867
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3Cited by9 opinions
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- United States Building & Loan Ass'n v. Midvale Home Finance Corp.Utah Supreme Court · 1935
- Evans v. JensenUtah Supreme Court · 1917
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