Reports of Cases Decided in the Supreme Court of the State of Utah Volume 57

Reports of Cases Decided in the Supreme Court of the State of Utah Volume 57

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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. 1922 edition. Excerpt: ...testimony in the case, the defendant has never been repaid anything by any of the heirs, or by any one, on account of the money paid by him in connection with the property in controversy. There is no evidence that the defendant at any time informed any of the heirs that he held a tax deed from Utah county. The plaintifi, Lee L. Baker, was appointed administrator of the estate of Hannah Inglefield, deceased, on the 7th day of March, 1919. After making demand upon defendant for an accounting, and for possession of the land in controversy, and upon refusal of defendant, the plaintiff commenced this action. The record shows that all of the children of Hannah Inglefield, deceased, with the exception of the following, to Wit; Jefferson Inglefield, Thomas Inglefield, and Carl Inglefie1d--had attained their majority more than two years prior to the commencement of the action at bar. The trial court entered a judgment quieting title to the land in controversy in defendant, from which judgment plaintifi appeals. The question presented to this court upon appeal is: Has the statute of limitations barred plaintiff from recovery of possession of the land in controversy, or any part thereof, and is defendant rightfully entitled to his decree quieting title therein'! The plaintiff contends: (1) That the possession by the defendant of the land in controversy was obtained and retained by fraud, and for that reason no lapse of time, however great, will defeat the defrauded persons of their remedy against him, as the perpetrator of that fraud. (2) That the statute of limitations is suspended during the period of vacancy in administration of a decedent's estate, and the rights of the creditors in the assets of the estate cannot be defeated, ...
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Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236871707
  • 9781236871701