Toltec Ranch Co. v. Cook
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. The Toltec Ranch Company, a California corporation, brought this action in 1901 in the District Court of the First Judicial District, Box Elder County, State of Utah, to quiet title to the S.E. -j-. of the S.E. ‡ of section-27, township 8, north of range 2 west, Salt Lake meridian, United States survey.
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ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. The Toltec Ranch Company, a California corporation, brought this action in 1901 in the District Court of the First Judicial District, Box Elder County, State of Utah, to quiet title to the S.E. -j-. of the S.E. ‡ of section-27, township 8, north of range 2 west, Salt Lake meridian, United States survey. Title in fee was alleged.- The defendants answered separately, claiming different portions of the land, and each alleged peace-' able,, continuous and adverse 'possession under claim of title in himself and grantors adversely to the plaintiff…
1Opinion of the CourtJustice McKenna
The case is in narrow compass. The question presented is whether adverse possession under claim of right for the period prescribed by the statute of limitations of Utah before patent was issued by the United States can prevail against the latter. It has been decided by this court that adverse, possession of land gives title to it and all of the remedies which attach to the title. This was expressly ruled in Sharon v. Tucker, 144 U. S. 533. The suit was a bill 'in equity to establish as matter of record a title acquired by adverse possession, and it was brought against those who but for such…
2Cases cited8 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
- Sharon v. TuckerSupreme Court of the United States · 1892
- Shelby v. GuySupreme Court of the United States · 1826
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3Cited by15 opinions
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- Mulligan v. HiltonMassachusetts Supreme Judicial Court · 1940
- Northern Pacific Railway Co. v. McComasSupreme Court of the United States · 1919
- Luria v. Bank of Coral GablesSupreme Court of Florida · 1932
- Kansas City Hydraulic Press Brick Co. v. National Surety Co.Court of Appeals for the Eighth Circuit · 1909
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