Kershaw v. Dyer
Utah Supreme Court
Appeal from an order of the district court of the first district dissolving an injunction. The opinion states the facts. Cited Boone on Mortgages, sec. 156; McMillan v. Richards, 9 Cal., 409, Stuart v. Gay, 127 U. S., 518; Camden v. May hew, 129 U. S., 73. The following opinion was rendered at the June term, 1889.
1Opinion of the Court
Judd, J.:
The facts of this case necessary to be stated are that Sarah Kershaw and her husband executed to John Kelly and his wife a mortgage upon two parcels or lots of land in the city of Ogden, dated August 3, 1883, to secure the payment of the sum of $4,000. Default having been made in the payment, Kelly and wife brought their action in the district court at Ogden to foreclose the mortgage, sell the land, and collect the debt. Such proceedings were had in that case as resulted July 23, 1886, in a decree of foreclosure, and the real estate ordered to be sold. The order of the court…
2Cases cited7 opinions
- Camden v. MayhewSupreme Court of the United States · 1889
- Griffin v. ThompsonSupreme Court of the United States · 1844
- Gaskell v. MorrisSupreme Court of Pennsylvania · 1844
- Adams v. AdamsSupreme Court of Pennsylvania · 1835
- Bank of Orange County v. WakemanNew York Supreme Court · 1823
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3Cited by1 opinion
- City of Kewanee v. OtleyIllinois Supreme Court · 1903