Martin v. Saxton
Utah Supreme Court
Appeal from District Court, Third District; Hon. F. 0. Loofbourow, Judge. Action by John Martin against George Saxton, executor of the last will and testament of George Shearn, deceased. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtStraup, C. J.
This is an action brought by the plaintiff against the executor of the estate of George Shearn, deceased, to foreclose a mortgage, and for a deficiency judgment. The mortgage was not executed by the deceased, but by the executor on behalf of the estate and by order and authority of the court in the course of administration of the estate and long after the time for presentation of creditors’ claims. Judgment was rendered for the plaintiff, the mortgaged premises ordered sold, the plaintiff allowed an attorney’s fee, and provision made for a deficiency judgment.
The only point made is that the…
2Cases cited10 opinions
- Garver v. ThomanArizona Supreme Court · 1913
- Miller & Lux, Inc. v. KatzCalifornia Court of Appeal · 1909
- Bank of Sonoma County v. CharlesCalifornia Supreme Court · 1890
- Regents of University v. GrayCalifornia Supreme Court · 1900
- Scammon v. WardWashington Supreme Court · 1890
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3Cited by4 opinions
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