Legal Opinion

Duke v. Griffith

Utah Supreme Court

Decided May 11, 1896No. 660PublishedCited by 2 opinions

Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. W. H. King, Judge. Action of ejectment by Harry T. Duke against George C. Griffith. Judgment for defendant. Plaintiff appeals. On January 12, 1891, appellant brought action to recover in ejectment the premises described in the complaint.

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Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. W. H. King, Judge. Action of ejectment by Harry T. Duke against George C. Griffith. Judgment for defendant. Plaintiff appeals. On January 12, 1891, appellant brought action to recover in ejectment the premises described in the complaint. The appellant claimed title and right of possession and alleged an ouster on the 13th day of August, 1890. The original answer filed by respondent was a simple denial of appellant’s title. Thereafter an amended answer was filed. Trial was had resulting in a judgment in…

1Opinion of the Court

Zane, C. J.:

This is an appeal by the plaintiff from a decree of the district court against him. The plaintiff commenced h'is action of ejectment against the defendant, to recover 4J acres of land described in 'his complaint. The defendant answered, denying all the allegations except possession. A cross complaint was also filed by defendant, in which he set up an agreement containing an option with respect to the conveyance of 2\ acres of land, and 10 acres, upon which he alleged an election had been made, entitling him to a conveyance of the 10 acres upon certain conditions, which he averred…

2Cases cited5 opinions

  1. Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
  2. M'Nitt v. ClarkNew York Supreme Court · 1811
  3. Marlor v. Texas & P. R.U.S. Circuit Court for the District of Southern New York · 1884
  4. Smith v. SanbornNew York Supreme Court · 1814
  5. Mayer v. DwinellSupreme Court of Vermont · 1857

3Cited by2 opinions

  1. Murphy v. DafoeSouth Dakota Supreme Court · 1904
  2. Schneider v. ReedWisconsin Supreme Court · 1905

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