TOOMBS v. TOOMBS

No. 8665.

7 Utah 2d 256 (1958)

322 P.2d 405

JOSEPH G. TOOMBS, PLAINTIFF AND APPELLANT, v. JACK DONALD TOOMBS, ROLAND J. TOOMBS, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF THE SAID JACK DONALD TOOMBS, A MINOR, ALMA TOOMBS, EDRIS GLASSMAN AND J.M. TOOMBS, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

March 11, 1958.


Attorney(s) appearing for the Case

Arthur H. Nielsen, Salt Lake City, Omer J. Call, Brigham City, for appellant.

George M. Mason, Brigham City, Robert B. Porter, Asst. Atty. Gen., for respondents.


WADE, Justice.

This is an appeal from a judgment of no cause for action granted by the trial judge in an action commenced by Joseph G. Toombs, appellant herein, to have himself declared the owner of an undivided one-third interest in a certain tract of land and to impose a constructive trust against the respondents on certain real property situated near Promontory, in Box Elder County, Utah, and known as the Cedar Springs property.

Appellant claims the one...

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