Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-16
Action Brought to Recover One.
Third Interest in the Park
Estate.
BUT IN ONE CASE SHE LOST.
Justices Hold That Action is Not
Barred by the Statute of
Limitations. +
In the Suit Brought Some Time Ago 10
Recover S10,722 Judgment OF the
Lower Tribunal is Sustained.

Mrs. Annie r. A. Hilton won another
victory in her fight for a dover Interest
in the estate of DR.. John r. Park. de-
ceased in the supreme court today
when that court handed down an opin-
ion reversing the Judgment of the low
err court in the case In which she Is
plaintiff and George w. Thatcher Rob-
ert w. Sloan, Nellie NJ. Blair and Lutte
r. Lynch are defendants The lower
court Is instructed to reinstate the
case, overrule defendants demurrer
and proceed in accordance with law.
ONE-THIRD INTEREST.
The action was brought By Mrs. Hill
ton to recover a one-thlrd interest in
certain real estate owned by Or. Park
during tho time Mrs. Hilton was his
wife and sold TO Thatcher without the
consent of Mrs Hilton, After the ac-
ton was filed Mr.. Thatcher died and
the other defendants named herein sue
ceeded TO the property in question az
his heirs. Tho supreme court several
years ago rendered an opinion in which
II held that Mrs. Hilton is the lawful
widow OF DR.. Park, to whom she was
married supposedly upon her death
bed, the ceremony performed being
what is known I'm the Church Of Jesus
Christ of Latter-day saints as 'ce-
lestial" marriage. In conformity with
that opinion of the court Mrs, Hilton
fled this action TO recover her dover
interest in the property sold by DR..
Park without her consent.
AN APPEAL TAKEN
In the court below the defendants
demurred TO the complaint on the
grounds that It did not state facts suf-
feient to constitute cause of action
and that the action vas barred by the
statute of limitations. The demurrer
was sustained and as plaintiff elected 10
stand on her pleadings, the case was
ordered dismissed. From this ruling
of the court an appeal was taken by
Mrs Hilton
OPINION BY JUSTICE FGCK.
Justice Prick wrote the opinion OF the
court today which Is concurred In by
chief Justice McCarty and Justice
Straup. The opinion holds that the ac-
ton clearly is not barred by the statute
OF limitations and then goes into detail
as TO whether or not the complaint al
legged q, cause of action. In doing so it
holds the common law OF dover pre-
vailed in this state continuously from
1887 until Jan. /. 1898. when the Re-
vised Statutes went into force and
section 2S26 became effective. This sec
tion il is held created no new right of
dover In favor OF appellant but Is sim
ply declaratory OF existing right. Prior
to 1898 the widow WAS entitled to a
one-third of the husbands property for
life only and after section 1896 became
she was entitled to one-third
interest In fee. Consequently at the
time Dr. Park sold the property to Mr..
Thatcher the appellant herein had an
interest In IL to the extent OF her dover.
THE RULING MADE.
In the closing paragraph OF the opin-
ION the following ruling Is made;
From the foregoing II is manifest
and We so hold. that the right to the
widows interest in the lands of her de-
ceased husband in Utah was continuous
from 1887 to the present time. that the
appellant has an interest In all the
ands owned BY the deceased and con-
yeyed by the husband, and that her
right, not having accrued until the
death of her husband on Sept. &c. 1900
IS not barred. The appellant, therefore
nas legal cause of action and the
court erred in sustaining the demurrer,
md in entering Judgment dismissing
the action. The Judgment Is reversed,
the cause remanded with direction to
he court below TO vacate the judgment,
-einstate the case. override the de-
nurrer with leave TO respondents to
answer II they are so advised. and to
proceed with the case In accordance
With this opinion. Costs OF appeal are
axed against respondents
WOMAN LOST ONE CASE.
Another opinion was handed down BY
.he supreme court today touching upon
.he Hilton Park controversy. In this
opinion Mrs. Hilton Is the loser The
action Is entitled, In the Matter Of the
Estate OF Or. John r. Park, deceased,
Annie +. a. Hilton, petitioner and APP
lellant. W Samuel w. Stewart execu-
or OF said estate. Mrs. Hilton filed
petition IN the lower court asking that
The executor be compelled TO pay her
,ut OF the funds OF the estate one
bird OF tho amount received by DIR.
Park for the sale OF real estate during
his lifetime in which she did not join
Is his wife and which was sold without
! waiver OF her dover interest.
SOLD REAL ESTATE.
The petition alleged that between
March Is, 1857. aud Jan 10, 1894, ID.
Park sold real estate without her con-
ont and that the value OF her dover
interest IN said land is Sl0.I92. which
amount she asked the executor TO pay
Ter out OF the funds OF the estate. The
Executor interposed a demurrer 70 the
EDITION on the ground that the petition
lid not state facts sufficient 10 con-
tltutc cause Of action. This demur-
or was sustained by the lower court
nd an appeal was taken by Mrs. Hl-
on.
JUDGMENT AFFIRMED.
The supreme court in an opinion
Written by Justice Frick and con
urrcd IN by Chief Justice McCarty
nd Justice Straup, afflrms the judg
nent of the lower court After stat.
ng the law as To the right of dover
IS set out IN the opinion IN the case
lbove OF Hilton VS. Thatcher ct. al,
he court holds that the statute does
Tot set apart onc-third Of the value