Haight v. Pearson
Utah Supreme Court
Appeal from the District Court -of the Third Judicial District. Hon. Charles S. Zane, Judge. Action by Hector W. Haight against Charles E. Pearson to hare an interest bought by defendant in the estate-of which plaintiff was executor declared to be held in trust for plaintiff. From a judgment for plaintiff, defendant appeals. A parol contract under § 3917, 2 Comp. Laws, is void..
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Appeal from the District Court -of the Third Judicial District. Hon. Charles S. Zane, Judge. Action by Hector W. Haight against Charles E. Pearson to hare an interest bought by defendant in the estate-of which plaintiff was executor declared to be held in trust for plaintiff. From a judgment for plaintiff, defendant appeals. A parol contract under § 3917, 2 Comp. Laws, is void.. Bung v. Parker, 52 N. Y. 496; Dunphy v. Ryan, 116-H. S. 495; Welch v. Wheplay, 62 Mich. 15; Reub v. Smith,. 61 Mich. 549; Osborn v. Bndicott, 6 Cal. 154. The complaint fails to allege and the court fails to find that…
1Opinion of the Court
SMITH, J.:
The facts disclosed by the record are that plaintiff is the executor of Hector C. Haight, and is one of his heirs;; that Alma D. Haight was a brother of plaintiff, and also an heir of Hector C. Haight; that the estate of Hector 0». Haight was in process of settlement in the probate court;, that defendant, Charles E. Pearson, was an attorney at. law, who had long been acquainted with plaintiff, and had often been employed by him; that Alma D. Haight was-desirous of selling his interest in his father’s estate, but. would only sell to some one interested in the estate, — that-is, to…
2Cases cited3 opinions
- Sweet v. JacocksNew York Court of Chancery · 1837
- Dennis v. McCaggIllinois Supreme Court · 1863
- Ayres v. JackUtah Supreme Court · 1891
3Cited by7 opinions
- Johnson v. JohnsonSupreme Court of Oklahoma · 1922
- In re the Estate of GossWashington Supreme Court · 1913
- Cardoner v. DayDistrict Court, D. Idaho · 1918
- Kelly v. BlackwellSupreme Court of Oklahoma · 1917
- Norton v. FullerUtah Supreme Court · 1926
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