Warr v. Honeck
Utah Supreme Court
Appeal from a judgment of tbe district court of the third district and from an order refusing a new trial. The opinion states the facts except the following: The pleadings are stated in the opinion, as is also the general effect of the evidence.
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Appeal from a judgment of tbe district court of the third district and from an order refusing a new trial. The opinion states the facts except the following: The pleadings are stated in the opinion, as is also the general effect of the evidence. The court instructed the jury as follows upon the point of wife’s adverse possession to the husband: "The general rule of law is that the wife cannot claim adverse possession to the husband, but there are exceptions to this rule: and if you believe from a preponderance of the evidence in this case that the defendant was the wife of one Frederick…
1Opinion of the Court
BlacKburN, J.:
This is an action of ejectment brought by appellant against respondent to recover the possession of the W. J of S. W. \ of section 21, township 2 S., of range 6 E. of the Salt Lake Meridian, on May 22, 1890. Complaint alleges ownership and right of possession and ouster. Defendant answers, specific denial and statute of limitations; that she has had adverse possession of the premises since the 1st day of December, 1879; that formerly Carl Frederick Honeck was- the owner in fee of said premises, together with the E. ¶ of said quarter section, and she was his wife; that they had…
2Cases cited4 opinions
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
- Clark v. GilbertSupreme Court of Connecticut · 1872
- Love v. MoynehanIllinois Supreme Court · 1855
- Rhea v. RhennerSupreme Court of the United States · 1828
3Cited by6 opinions
- Union Oil Co. v. StewartCalifornia Supreme Court · 1910
- Madden v. HallCalifornia Court of Appeal · 1913
- Bride v. WalkerSupreme Court of Arkansas · 1943
- Kennedy v. VandineSupreme Court of Florida · 1966
- Murphy v. GaneyUtah Supreme Court · 1901
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