Barrette v. Whitney
Utah Supreme Court
Appeal from District Court, Third District; Hon. M. L. {Ritchie, Judge. Action by William J. Barrette against S. A. Whitney. Judgment for defendant. Plaintiff appealed. STRAUP, C. J., dissenting. APPELLANT^ POINTS. What is a marketable title? (Swayne v. Lyon, 61 Pa. 436; Glassman v. Gonclon, 21 Utah 463; Turner v. McDonald, 16 Cal. 1Y9; Herman v. Somers, 158 Pa. St. 424, 38 Am. St. Rep. 851, and note; Moore v. Williams, .115 N. Y. 586, 12 Am.
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Appeal from District Court, Third District; Hon. M. L. {Ritchie, Judge. Action by William J. Barrette against S. A. Whitney. Judgment for defendant. Plaintiff appealed. STRAUP, C. J., dissenting. APPELLANT^ POINTS. What is a marketable title? (Swayne v. Lyon, 61 Pa. 436; Glassman v. Gonclon, 21 Utah 463; Turner v. McDonald, 16 Cal. 1Y9; Herman v. Somers, 158 Pa. St. 424, 38 Am. St. Rep. 851, and note; Moore v. Williams, .115 N. Y. 586, 12 Am. St. Rep. 844; Vought v. Williams, 8 L. R. A. 591 [N. Y.] ; Schenck v. Wicks, 23 Utah 581.) It is so fundamental that one ought not to have to state it,…
1Opinion of the CourtFeign, J.
Appellant brought this action as a vendee of certain real estate to recover damages for a breach of an agreement to convey a marketable title by the respondent as vendor. Upon a trial to the court, the title was held marketable, and therefore that the agreement had not been breached, and judgment was entered accordingly, from which this appeal is prosecuted.
The judgment is based upon an agreed statement of facts, and hence no findings were made by the court. The facts agreed upon are substantially, as follows:
That on and prior to the 12th day of July, 1883, one Joseph Toronto was the owner in…
2Cases cited23 opinions
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Simmons v. SaulSupreme Court of the United States · 1891
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Tilton v. CofieldSupreme Court of the United States · 1876
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