Legal Opinion

Park v. Wilkinson

Utah Supreme Court

Decided April 2, 1900PublishedCited by 18 opinions

Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action under Section 3511, E. S. 1898, to determine an adverse claim and to quiet title to certain real property. From a judgment for plaintiff defendants appealed. Tbe plaintiff never owned the property described in the decree. His deed contains a void description.

Read the full summary

Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action under Section 3511, E. S. 1898, to determine an adverse claim and to quiet title to certain real property. From a judgment for plaintiff defendants appealed. Tbe plaintiff never owned the property described in the decree. His deed contains a void description. Where a stake standing at the termination of the first line of a description is found, it will determine the length of the line; but if it be not found, its length will be determined by the number of rods in the deed. Chandler v. Mo-Card, 38 Me.,…

1Opinion of the CourtMinee, J.

* This action was brought under Sec. 3511, Rev. Stat. 1898, to determine the adverse claim and quiet title to real property, by the plaintiff. The complaint alleges title in fee and right of possession in the plaintiff, and *283that defendants claim an interest therein, which is a cloud upon plaintiff’s title. The defendants denied this, and Mima Wilkinson by cross-complaint alleged title in herself, and set up a special defense by cross-complaint, claiming that plaintiff’s ownership of the land should be declared invalid, and that he should be perpetually enjoined from setting up or making any…

2Cases cited4 opinions

  1. Donahue v. MeisterCalifornia Supreme Court · 1891
  2. Higinbotham v. . StoddardNew York Court of Appeals · 1878
  3. Steele v. BoleyUtah Supreme Court · 1890
  4. Nickles v. WellsUtah Supreme Court · 1880

3Cited by18 opinions

  1. Lawson v. United States Mining Co.Supreme Court of the United States · 1907
  2. RHN CORP. v. VeibellUtah Supreme Court · 2004
  3. Home Owners' Loan Corporation v. DudleyUtah Supreme Court · 1943
  4. Ketchum Coal Co. v. District Court of Carbon CountyUtah Supreme Court · 1916
  5. Norback v. Board of Directors of Church Extension Soc.Utah Supreme Court · 1934

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API