Norton v. Tufts
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. G. Norrell, Judge. Action by plaintiff to foreclose a mortgage. Defendant Wickel, respondent here, answered, setting up that she was the lawful wife of defendant Tufts at the time of his death, and as such entitled to a' dower interest in the mortgaged premises. From a judgment and decree in favor of defendant Wickel, plaintiff appeals. The trial court found that Mrs. Wickel was entitled to dower in these lands.
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Appeal from the Third District Court, Salt Lake County, Hon. A. G. Norrell, Judge. Action by plaintiff to foreclose a mortgage. Defendant Wickel, respondent here, answered, setting up that she was the lawful wife of defendant Tufts at the time of his death, and as such entitled to a' dower interest in the mortgaged premises. From a judgment and decree in favor of defendant Wickel, plaintiff appeals. The trial court found that Mrs. Wickel was entitled to dower in these lands. Appellant claims that this decision was error, and claims that Mrs. Wickel can not claim dower, for two reasons:…
1Opinion of the Court
Rolapp, Dist. J.
The defendant Eleanor B. Wickel, otherwise known as Eleanor B. Tufts, was duly married to the defendant Elbridge Tufts in 1869, and they lived together as husband and wife until 1870, when, by mutual agreement between the parties (evidenced by articles of separation signed by them in the presence of an officer of the Mormon Church) they obtained what was called a “ church divorce,” which each party believed to be valid and binding upon them. Some time after entering into this agreement the defendant Elbridge Tufts married one Eliza Tanner, and had one child by her. The said…
2Cases cited2 opinions
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3Cited by9 opinions
- Bruguiere v. BruguiereCalifornia Supreme Court · 1916
- Hilton v. RoylanceUtah Supreme Court · 1902
- H. W. Wright Lumber Co. v. McCordWisconsin Supreme Court · 1911
- Palmer v. PalmerUtah Supreme Court · 1903
- Hilton v. SloanUtah Supreme Court · 1910
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