Crane v. Judge
Utah Supreme Court
Appeal from District Court, Salt Lake County; C. W. Morse, Judge. Action by Charles Crane against Mary Judge. From a judgment for plaintiff, defendant appeals. APPELLANT’S POINTS. One wbo bas been ousted from possession of his real estate by an open, visible and exclusive possession in another, which has continued uninterruptedly for the limitation period, will be presumed to have knowledge of it.
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Appeal from District Court, Salt Lake County; C. W. Morse, Judge. Action by Charles Crane against Mary Judge. From a judgment for plaintiff, defendant appeals. APPELLANT’S POINTS. One wbo bas been ousted from possession of his real estate by an open, visible and exclusive possession in another, which has continued uninterruptedly for the limitation period, will be presumed to have knowledge of it. (Carney v. Hen-nessey, 74 Conn. 107, 53 L. B. A. 699.) If the claimant “raises his flag and keeps it up,” so to speak, sufficiently to attract the attention of the true owner to the situation, in…
1Opinion of the CourtStbaup, J.
1. Plaintiff, Crane, is the owner of a parcel of land 25 feet by 165 feet fronting on Main street in Salt Lake City. Defendant, Judge, is the owner of a parcel of land 29.5 feet by 165 feet adjoining on the south thereof. There are substantial business buildings on the east portion of the parcels, on Crane’s called the “Crane Building,” on Judge’s called the “Karrick Building,” both fronting on Main Street; on the west portion of the parcels there is on each a one-story building.^ The north wall of the Karrick building, owned by Judge, at its east end, projects on the Crane Land .35 feet and…
2Cases cited5 opinions
- Ross v. EvansCalifornia Supreme Court · 1884
- Brown v. ClarkCalifornia Supreme Court · 1891
- McDonald v. DrewCalifornia Supreme Court · 1893
- McNoble v. JustinianoCalifornia Supreme Court · 1886
- Eberhardt v. CoyneCalifornia Supreme Court · 1896
3Cited by4 opinions
- Huntsman v. HuntsmanUtah Supreme Court · 1920
- Warren v. MazzuchiUtah Supreme Court · 1915
- State v. WilsonUtah Supreme Court · 1985
- Malouf v. FischerUtah Supreme Court · 1945