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eBook details

• Title: Mcmahon v. Tanner
• Author : Supreme Court Of Utah
• Release Date : January 08, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

McDONOUGH, Justice. This is an appeal from a lower court judgment ordering the reformation of two deeds to conform with an
agreement found by the court to have existed before the deeds were executed. Plaintiff and defendant are brother and sister who inherited a large parcel of land from their brother John P. McMahon. This
land was sold by plaintiff, as administrator of John's estate, with the approval of defendant, to the Kaiser-Frazier Parts
Corporation. The sale included an agreement that the Kaiser-Frazier Parts Corporation would re-sell two specified four acre
tracts -- one to the plaintiff and the other to the defendant. These two tracts were separated by a third parcel of land which
belonged to a disinterested party. The four acre tract bordering on the east boundary of this third parcel of land was designated
the east tract and the tract adjoining the west boundary of the third parcel was called the west tract. In their natural state,
the west tract was the more desirable piece of property. The agreement did not mention which party was to receive the east
or west tracts.

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