Gibson v. McGurrin
Utah Supreme Court
Appeal from District Court, Third District; Hon. G. W. 'Morse, Judge. Action by Judge George J. Gibson against Frank E. Mc-Gnrrin and others. Judgment for plaintiff. Frank E. MeGurrin and others appeal. APPELLANTS* POINTS.
Read the full summary
Appeal from District Court, Third District; Hon. G. W. 'Morse, Judge. Action by Judge George J. Gibson against Frank E. Mc-Gnrrin and others. Judgment for plaintiff. Frank E. MeGurrin and others appeal. APPELLANTS* POINTS. The general rule is, both in equity and under statute which do not expressly grant the action, for the purpose here sought, to one out of possession, “that a bill either to quiet title or to remove a cloud can be maintained only where the plaintiff is in actual possession.” (17 Enc. PL and Pr. 306. 17 Enc. PI. and Pr. 307-309; Mining Co. v. Mining Go., 5 Utah 3, 39-43,…
1Opinion of the Court
ERICE,'J.
The respondent, in substance, alleged in his complaint that at the time of the commencement of the action he was the owner and entitled to the possession of a certain parcel of land in Salt Lake County, describing it; that the defendants, including the appellants, claimed and asserted some estate or interest in and to said premises adverse to the respondent; that such claim was without right, and that said defendants, nor either of them, had any estate, right, title, or interest whatever in said premises. Upon these allegations respondent prayed that the defendants be required to set…
2Cases cited7 opinions
- Devine v. Los AngelesSupreme Court of the United States · 1906
- Castro v. BarryCalifornia Supreme Court · 1889
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Flood v. TempletonCalifornia Supreme Court · 1907
- Wey v. Salt Lake CityUtah Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Playa De Flor Land & Improvement Co. v. United StatesDistrict Court, Canal Zone · 1945
- WDIS v. Hi-CountryUtah Supreme Court · 2019
- Wood v. MyrupUtah Supreme Court · 1984
- Fares v. UrbanUtah Supreme Court · 1915
- Robinson v. ThomasUtah Supreme Court · 1930
6 more not listed; retrieve them via the Exa API.