Kelsey v. Crowther
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. Lewis P. Kelsey and James K. Gillespie filed their second amended complaint in this case in the district court of the Third District of the Territory of Utah, December 18, 1888, against William J. Crowther, John T. Lynch and William Glasmann, alleging that on or about September 12, 1887, the defendant Orowther was seized in fee simple of a certain tract of land containing 40 acres, situate in the county of Salt Lake,…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. Lewis P. Kelsey and James K. Gillespie filed their second amended complaint in this case in the district court of the Third District of the Territory of Utah, December 18, 1888, against William J. Crowther, John T. Lynch and William Glasmann, alleging that on or about September 12, 1887, the defendant Orowther was seized in fee simple of a certain tract of land containing 40 acres, situate in the county of Salt Lake, Territory of Utah; that on that date the plaintiffs and Orowther entered into an unwritten agreement whereby the…
1Opinion of the CourtJustice Shieas
Upon the facts contained in the previous statement, there is no room to doubt that the judgment of the trial court dismissing the complaint, and the judgment of the Supreme Court of the Territory of Utah affirming that judgment, were correct, unless there was material error in thé action of the district court in failing to find whether the appellee Crowther tendered the abstract of title called for in the contract.
The appellants contend that the question of the tender of the abstract was in issue and was material; that, under the system of pleading prevailing in the courts of the Territory of…
2Cases cited3 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Haws v. Victoria Copper Mining Co.Supreme Court of the United States · 1895
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- Coughran v. BigelowSupreme Court of the United States · 1896
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Wimer v. WagnerSupreme Court of Missouri · 1929
- Federal Oil Co. v. Western Oil Co.Court of Appeals for the Seventh Circuit · 1902
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