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MOODY v. SMITH

No. 8799.

9 Utah 2d 139 (1959)

340 P.2d 83

ELLEN SMITH MOODY, AND CHARLES MOODY, HER HUSBAND, APPELLANTS AND PLAINTIFFS, v. JUANITA C. SMITH, INDIVIDUALLY, AND AS GUARDIAN OF THE ESTATE OF DENNIS SMITH, A MINOR, JOSEPHINE SMITH VODA, RACHAEL SMITH JENSEN, JOHN DOE AND RICHARD ROE, AND ALL PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE OR INTEREST IN AND TO THE REAL PROPERTY SUBJECT OF THIS ACTION, RESPONDENTS AND DEFENDANTS.

Supreme Court of Utah.

May 29, 1959.

Attorney(s) appearing for the Case

Clyde & Mecham, Elliott Lee Pratt, Salt Lake City, for appellants.

Draper, Sandack & Draper, Salt Lake City, for respondents.

McDONOUGH, Justice.

Plaintiff initiated this action for partition of her undivided one-fifth interest in certain grazing lands located in Wasatch and Duchesne Counties. The land in question was given by David and Alice Smith to their five children, each to receive an undivided one-fifth interest. Plaintiff is one of these children and defendants Juanita and Dennis Smith are the widow and son respectively of another, who prior to his death acquired all interests except...

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