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: ...a judgment quieting title to the land in controversy in defendant, from which judgment plaintiff 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, directly or indirectly, by lapse of time, where there has not been due administration, and where the statutory time allowed them for presentation of claims has not expired. So, when an administrator is discharged before completion of administration, the court cannot dispense with the usual mode of administration, but must appoint another administrator, and during the vacancy in administration one in possession of estate assets may not adverse the estate, but is chargeable therewith as an executor de son tort, and time does not begin to run in his favor until appointment of an administrator de bonis non. (3) Mere possession and improvement of land of a decedent by a mortgagee, who takes possession thereof before breach of any condition by mortgagor, and with permission of the mortgagor, cannot constitute adverse possession until after maturity of the mortgage debt, or breach of condition of said mortgage by more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • United States
  • English
  • black & white illustrations
  • 1236846621
  • 9781236846624