Smith v. Schwartz
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action to quiet title. From a judgment for defendant, plaintiff appealed. The lien of a judgment against the debtor’s real estate is a creature of statute pure and simple, and stands or falls absolutely by the statute. This is not a statute of limitations, but a statute of grant, and can not be extended by construction. 4 Kent’s Commentaries, 429; Thomp-sons.
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Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action to quiet title. From a judgment for defendant, plaintiff appealed. The lien of a judgment against the debtor’s real estate is a creature of statute pure and simple, and stands or falls absolutely by the statute. This is not a statute of limitations, but a statute of grant, and can not be extended by construction. 4 Kent’s Commentaries, 429; Thomp-sons. Avery, 11 TJtah, 214; S. C., 39 Pac., 833; Roclchill y. Harma, 15 Howard U. S., 196. If injured bj the issuing of the injunction, Schwartz’s remedy was on…
1Opinion of the CourtBasKin, J.
It is alleged in the complaint that the plaintiff, who is the appellant, is the owner in fee and in the actual possession of the following real estate situate in the county of Salt Lake, State of Utah, to wit: The S. W. J of the S. W. J of Sec. 29, in Township 2S., ofKange IE., of Salt Lake Meridian, and that defendants claim an estate therein adverse to plaintiff, which is wrongful and without right.
Upon the complaint, the plaintiff prays that her title, by a decree of the court, may be quieted.
The answer denies the alleged title and possession of plaintiff; alleges that the defendant, Leo…
Also in this document: Concurrence.
2Cases cited12 opinions
- Bagley v. WardCalifornia Supreme Court · 1869
- Englund v. LewisCalifornia Supreme Court · 1864
- In re Estate of GarraudCalifornia Supreme Court · 1868
- Sanders v. RussellCalifornia Supreme Court · 1890
- Denegre v. HaunSupreme Court of Iowa · 1862
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Free v. FarnworthUtah Supreme Court · 1948
- Flores v. StoneCalifornia Court of Appeal · 1913
- Brieger v. BriegerSupreme Court of Kansas · 1966
- Sittner v. SchrieverCourt of Appeals of Utah · 2001
- Federal Farm Mortg. Corporation v. WalkerUtah Supreme Court · 1949
3 more not listed; retrieve them via the Exa API.