Fares v. Urban
Utah Supreme Court
Appeal from District Court, Third District; Hon. N C. Loofbowrow, Judge. Action by Joseph Fares against Rachel Urban. Judgment for defendant. Plaintiff appeals. RESPONDENT’S POINTS. Until plaintiff, by some act, showed an intention to claim the land adversely by paying taxes on it, by a description that would apprize the owner of such intention, he is, under our statute, presumed to be in subordination to the legal title. (Comp.
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Appeal from District Court, Third District; Hon. N C. Loofbowrow, Judge. Action by Joseph Fares against Rachel Urban. Judgment for defendant. Plaintiff appeals. RESPONDENT’S POINTS. Until plaintiff, by some act, showed an intention to claim the land adversely by paying taxes on it, by a description that would apprize the owner of such intention, he is, under our statute, presumed to be in subordination to the legal title. (Comp. L. of Utah, 1907, Sec. 2861; Sheppick v. Sheppick, 44 Utah 131, 138 Pac. 1169.) “The law presumes that the owner of the legal title is in the constructive possession,…
1Opinion of the CourtFrick, J.
The plaintiff commenced this action against the defendant pursuant to Comp. Laws 1907 section 3511, to quiet the title to a parcel of land 50x75 feet in Park City, Summit County, Utah. The complaint is quite brief, and is in the usual form in such actions. The defendant answered the complaint, also claiming title to the westerly 25x75 feet of the property in question by adverse possession. She subsequently, over plaintiff’s objection, was perimtted to file a supplemental answer in which she also claimed title by a deed of conveyance to the 25x75 feet, and at the trial produced said deed, and…
2Cases cited1 opinion
- Gibson v. McGurrinUtah Supreme Court · 1910
3Cited by6 opinions
- Home Owners' Loan Corporation v. DudleyUtah Supreme Court · 1943
- Utah Copper Co. v. EckmanUtah Supreme Court · 1915
- Sorenson v. Korsgaard Et Ux.Utah Supreme Court · 1933
- Boland v. Nihlros, Et Ux.Utah Supreme Court · 1932
- Curley v. Mills Et Ux.Utah Supreme Court · 1943
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