Cohn v. Lawrence

• Decision Date: 13 January 1912
• Docket Number: 2287
• Court: Utah Supreme Court
• Parties: COHN v. LAWRENCE

120 P. 223

40 Utah 264

COHN v. LAWRENCE

No. 2287

Supreme Court of Utah

January 13, 1912

APPEAL from District Court, Third District; Hon. Geo. G. Armstrong, Judge.

Action by Elias Cohn against Franklin Lawrence.

Judgment dismissing the complaint. Plaintiff appeals.

REVERSED AND REMANDED, WITH DIRECTIONS.

J. M. Thomas for appellant.

C. S. Patterson for respondent.

STRAUP, J. FRICK, C. J., and McCARTY, J., concur.

OPINION

STRAUP, J.

The decision of Liebhart v. Lawrence, 40 Utah 243, 120 P. 215, in the original opinion and on petition for a rehearing controls and disposes of this case.

The judgment of the court below is therefore reversed and vacated, and the cause remanded to the trial court, with directions to reinstate the complaint, to set aside the former judgment obtained by the defendant against the plaintiff, quieting the title to the property in the defendant, to permit the plaintiff to plead to the merits, and to hear, determine, and adjudge whether the plaintiff or the defendant is the owner and entitled to the property, and to quiet the title in him who may so be found and adjudged to be the owner and entitled to its possession. Costs to appellant.

FRICK, C. J., and McCARTY, J., concur.