Ayres v. Jack
Utah Supreme Court
Appeal from a decree of the district court of the third district and from an order refusing a new trial. The following facts are necessary to an understanding of the casé. In 1864 one Thomas Cope died intestate, leaving surviving him his legal wife, Janet, a legitimate son (not, however, by Janet), Thomas H., an illegitimate son, George, and a polygamous wife, Margaret, the mother of George.
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Appeal from a decree of the district court of the third district and from an order refusing a new trial. The following facts are necessary to an understanding of the casé. In 1864 one Thomas Cope died intestate, leaving surviving him his legal wife, Janet, a legitimate son (not, however, by Janet), Thomas H., an illegitimate son, George, and a polygamous wife, Margaret, the mother of George. He was at the time of his death the owner of four land claims, three lots in the city of Salt Lake and the five-acre lot in question in this suit. The family not agreeing, in 1867, Thomas H. Cope, being…
1Opinion of the Court
BlackbuRK, J.:
This is a suit in ejectment, and on a cross-complaint by the defendant asking to have her title quieted. Decree for defendant quieting her title. The land in controversy was a part of the estate of Thomas Cope, deceased. *252There was an oral partition of the estate, and this land was set apart to Thomas H. Cope while he was a minor, and while he lived with his step-mother, Janet Cope. One Thomas Jack was appointed administrator of the estate of Thomas Cope, deceased, and rented the land, and paid the rent to Janet Cope and Thomas H. Cope until September 3, 1874, and after Thomas H.…
2Cited by5 opinions
- Ault v. HoldenUtah Supreme Court · 2002
- Meagher v. DeanUtah Supreme Court · 1939
- Haight v. PearsonUtah Supreme Court · 1895
- Whittemore v. CopeUtah Supreme Court · 1895
- Hull v. Gafill Oil Co.Michigan Supreme Court · 1933