Benson v. Anderson
Utah Supreme Court
Appeal from the district court of the fourth judicial district, Hon. James A. Miner, Judge. Action by Sophia Y. Benson against Nicholas Anderson and another to quiet title. From a decree for defendants, plaintiff appeals. The appeal in this case was dismissed June 9, 1893, on the ground that no undertaking had been filed. See opinion per Smith, J., 9 Utah, 164. .Jüne 20, 1893, petition for a rehearing was denied.
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Appeal from the district court of the fourth judicial district, Hon. James A. Miner, Judge. Action by Sophia Y. Benson against Nicholas Anderson and another to quiet title. From a decree for defendants, plaintiff appeals. The appeal in this case was dismissed June 9, 1893, on the ground that no undertaking had been filed. See opinion per Smith, J., 9 Utah, 164. .Jüne 20, 1893, petition for a rehearing was denied. June 26, 1893, undertaking on appeal filed and also motion to reinstate appeal. October 28, 1893, appeal reinstated. January 12, 1894, motion to dismiss appeal denied.
1Opinion of the Court
Smith, J.:
This was an action, brought originally in the district -court, to set aside certain proceedings in the probate court •of Bos Elder county, and praying that plaintiff’s title be .quieted to certain lands which are in her possession. The record discloses that the case was tried before J. B. Bar*137ton, referee, who filed findings of fact and conclusions of law, upon which a decree was entered dismissing plaintiffs bill. The evidence is before us, and shows the following state of facts: About the year 1864 the plaintiff was the wife of one Valentine Valentinsen, and at that time, with her…
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