Tuckfield v. Crager
Utah Supreme Court
Appeal from District Court, Salt .-Lake Comity; S. W„ Stewart, Judge. Action by Elizabeth M. Tuckfield, „ administratrix of the estate bf Charles B. Tuckfield, deceased, against Samuel E. Crager. Erom a judgment for plaintiff, defendant appeals. APPELLANT^ POINTS. This is an action in trespass and for the plaintiff to maintain it she must have been in the possession of the premises upon which the trespass was committed at the time of its commission.
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Appeal from District Court, Salt .-Lake Comity; S. W„ Stewart, Judge. Action by Elizabeth M. Tuckfield, „ administratrix of the estate bf Charles B. Tuckfield, deceased, against Samuel E. Crager. Erom a judgment for plaintiff, defendant appeals. APPELLANT^ POINTS. This is an action in trespass and for the plaintiff to maintain it she must have been in the possession of the premises upon which the trespass was committed at the time of its commission. “In order to maintain trespass quare clausum fregit there must have been an actual possession by the plaintiff at the time when the trespass was…
1Opinion of the CourtMcCAKTY, J.
*479Appellant’s first contention is that tbe court erred in finding that the alleyway in question had not been dedicated to the public as a highway. It is sufficient here to state, without reviewing the evidence, that there is a sharp conflict in the evidence on this point, and, as there is substantial evidence in the record which tends to support the finding of the trial court on the question of dedication and abandonment, such finding cannot be disturbed..
It is further contended that the court erred in finding that the south wall of defendant’s building extends 1.8 feet over the south boundary…
2Cases cited2 opinions
- Haggin v. LorenzMontana Supreme Court · 1895
- Sowles v. ClawsonUtah Supreme Court · 1904
3Cited by2 opinions
- Rockhill v. CreerUtah Supreme Court · 1920
- Hamer v. HowellUtah Supreme Court · 1906