COOPER v. CARTER OIL COMPANY

No. 8355.

7 Utah 2d 9 (1957)

316 P.2d 320

GRANVILLE A. COOPER, ADMINISTRATOR OF THE ESTATE OF CHRISTOPHER C. COOPER, DECEASED, PLAINTIFF AND RESPONDENT, v. THE CARTER OIL COMPANY, A CORPORATION, JOSEPH WILCKEN AND CLEO WILCKEN, HIS WIFE, ET AL., DEFENDANTS AND APPELLANTS. JOSEPH WILCKEN, CROSS-PLAINTIFF AND APPELLANT, v. GRANVILLE A. COOPER, ADMINISTRATOR OF THE ESTATE OF CHRISTOPHER C. COOPER, DECEASED, ET AL., CROSS-DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

September 25, 1957.


Attorney(s) appearing for the Case

George B. Stanley, Heber, McKay, Burton, McMillan & Richards, Salt Lake City, for appellant.

Nielsen & Conder, Salt Lake City, for respondent.


CROCKETT, Justice.

Plaintiff, record title holder, sued defendants to quiet title to certain real property in Duchesne County. As a defense, Joseph Wilcken set up a claim of title in himself derived from the county through tax proceedings and sale to him, and by adverse possession thereunder for a period of seven years. The trial court concluded (a) that Wilcken did not have color of title for the required seven years, (b) that he had not paid taxes for that full...

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