Cottrell v. Pickering
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by Raphael Cottrell against Alexander Pickering. Prom a judgment for plaintiff, defendant appeals. appellant's POINTS. To recover in ejectment the plaintiff must show title in • himself. To do this he must either connect himself with a government title or show that he, and the defendant in the action, claim title from a common source.
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Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by Raphael Cottrell against Alexander Pickering. Prom a judgment for plaintiff, defendant appeals. appellant's POINTS. To recover in ejectment the plaintiff must show title in • himself. To do this he must either connect himself with a government title or show that he, and the defendant in the action, claim title from a common source. (Blauson v. Transportation Company, 99 Wis. 20, 40 L. R. A. 825; 3 Elliott on Evidence; sec. 2064; Stevens v. Hauser, 39 N. T. 302.) RESPONDENT’S POINTS. It is contended by the appellant…
1Opinion of the CourtFrick, J.
This is an action instituted by plaintiff (hereinafter called respondent) against defendant (hereinafter designated appellant) for the possession of a strip of ground in the complaint alleged to be 2 feet 4 inches wide and. 10 rods long, and as being part of lot 4, in block 14, of Salt Lake City survey. The appellant answered by a general denial and by setting up two equitable defenses: (1) An agreed boundary line; and (2) by pleading estoppel arising out of the mailing of improvements by him on the strip of ground, .with the knowledge and consent of respondent, to remove which would cause…
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