Smith v. Jones
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. There were two cases, the issues of which were identical, and both tried together; in each of these cases the action was brought to quiet title. From a judgment for plaintiff, defendants appealed.
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Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. There were two cases, the issues of which were identical, and both tried together; in each of these cases the action was brought to quiet title. From a judgment for plaintiff, defendants appealed. Where a contract to sell and convey land is made, a large part of the purchase price paid in cash and promissory notes executed for the remainder, but the non-payment of such notes, at maturity or otherwise, is not made a ground of forfeiture or rescission of the contract, and the purchaser takes possession of the land,…
1Opinion of the CourtBaetoh, C. J.
*276The appellants contend that the court erred in holding that the contract, introduced in evidence by the defense, does not constitute a covenant running with the land.
The respondent insists that the contract was merely an option to purchase, with a license to extract mineral from the land.
An examination of the instrument shows that it was personal to Me Guire and associates. It did not in terms run to heirs or assigns. The prospective grantees mentioned therein, under its terms could neither sell nor assign the interest to be conveyed to them, without the grantor’s consent, until they had…
2Cases cited5 opinions
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Chappell v. McKnightIllinois Supreme Court · 1884
- Van Rensselaer v. BonesteelNew York Supreme Court · 1855
- Sutherland v. ParkinsIllinois Supreme Court · 1874
- Deuchars v. WheatonNew York Supreme Court · 1858
3Cited by11 opinions
- State ex rel. Trimble v. Superior CourtWashington Supreme Court · 1903
- Parks v. Classen Co.Supreme Court of Oklahoma · 1932
- Central Pac. Ry. Co. v. TarpeyUtah Supreme Court · 1917
- Bartlesville Oil & Improvement Co. v. HillSupreme Court of Oklahoma · 1911
- Ringling v. Smith River Development Co.Montana Supreme Court · 1914
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