Reports of Cases Decided in the Supreme Court of the State of Utah Volume 48

Reports of Cases Decided in the Supreme Court of the State of Utah Volume 48

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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: ...same presumptions should therefore not prevail where one pleads that since the commencement of the action he has acquired an outstanding title as though he had claimed the paramount title in his original complaint, and especially not where, as here, the condemnee persists not only in denying the plaintiff 's title, but continues to claim the title in itself. Ordinarily, where a condemnor commences his proceeding and does not assert title or ownership in the land sought to be condemned he may not, except under certain conditions, dispute the title or ownership of the condemnee. 13 Mr. Mills, in his work on Eminent Domain (2d Ed.) Section 161, states the rule in that regard thus: "The condemning party cannot dispute the title of the party in possession, against whom proceedings have been instituted, unless such party has acquired a paramount title." Counsel for the company contend that the last clause is not supported by authority and hence cannot be considered. But why not? It certainly is good sense and we think must commend itself to every disinterested lawyer. Moreover, to permit the dismissal to stand would place the plaintiff in a most anomalous if not deplorable condition. In that event what becomes of the order of condemnation? What are plaintiff's rights in and to the strip of which it took possession under that order and in the improvements placed thereon pursuant thereto! Is or is not the plaintifl a trespasser? And, if so, is it such from the time it took possession under the court's order or only from the date of the dismissal of the action as against the company? Ve confess our entire inability to grasp plaintiff 's legal status in case the dismissal stands. Counsel for the company, however, more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236868781
  • 9781236868787