Reports of Cases Decided in the Supreme Court of the State of Utah Volume 47

Reports of Cases Decided in the Supreme Court of the State of Utah Volume 47

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...a warranty deed, but that the defendant tendered a warranty deed for only 531/3x165 feet and a quitelaim for 1%x165 feet. This the plaintifi declined to accept and averred that the defendant was the owner and in possession of only 531/2x165 feet, and that it, at no time, was the owner or in possession of the 11/2x165 feet, which, as is averred, was possessed and held adversely by another, by reason of which the defendant, at no time, could grant or convey any interest therein, but of which the plaintifi had no knowledge until after the payment of the $1,000. It further is alleged that the deed tendered by the defendant "was not in conformity with the terms of said option or offer or agreement to sel " as evidenced by the bank's receipt and writing; that upon the defendant 's failure to give a warranty deed for the whole of the fifty-five feet, the plaintifi demanded a return of the $1,000 theretofore paid, which was refused. Hence the plaintiff prayed judgment for $1,000 and interest. The case was tried to a jury who rendered a. verdict in plaintiff 's favor in accordance with the prayer of the complaint. The defendant appeals and urges that the court erred in refusing to direct a verdict, to charge the jury as requested, in misdirecting the jury, and in permitting answers to be made to certain questions propounded to the plaintiff as a witness. As shown by the records in the recorder's ofiice of Salt Lake County, one Colgate, in 1903, by warranty deed, conveyed the lot, 55x165 feet, to one Halloran. In June, 1905, Halloran, by warranty deed, conveyed 53%x165 feet, and by quit-claim 11/_x165 feet, to R. A. Rowan of Los Angeles. In December, 1905, Rowan, by warranty deed, conveyed 53-x165 feet, and more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236792815
  • 9781236792815