Deming v. Moss
Utah Supreme Court
Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Granville Deming against Josephine Moss, ad-ministratrix of the estate of E. H. Moss, deceased. Judgment for plaintiff. Defendant appeals. APPELLANT^ POINTS.
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Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Granville Deming against Josephine Moss, ad-ministratrix of the estate of E. H. Moss, deceased. Judgment for plaintiff. Defendant appeals. APPELLANT^ POINTS. If land is deeded to one member of a partnership or to the several members, without any statement in the deed that such grantee or grantees held the land as the property of the firm, the law presumes that the ownership is in the individual grantee or grantees, nor is this presumption rebutted by evidence that the land is used by the firm. (30 Cyc. 435;…
1Opinion of the CourtFrick, C. J.
Respondent instituted this proceeding in equity ix> have certain real estate, which he alleged was purchased in the name of his partner, declared partnership, property. Upon a trial of the issues, the court found the facts in favor of respondent, and those which are deemed material and controlling are, in substance; as follows:
That on the 15th day of June, 1900, one E. H. Moss (since deceased) and the respondent entered into a copartnership, under the firm name of Moss & Deaning, for the purpose of carrying on the business of cutting, sawing, and dealing in lumber; that each of said partners…
2Cases cited1 opinion
- Chambers v. EmeryUtah Supreme Court · 1896
3Cited by6 opinions
- Fullmer v. BloodUtah Supreme Court · 1976
- Cooper v. CooperSupreme Court of Alabama · 1972
- Staats v. StaatsUtah Supreme Court · 1924
- Frandsen v. HolladayCourt of Appeals of Utah · 1987
- Appeals of GiffordUnited States Board of Tax Appeals · 1926
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