Fields v. Cobbey
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. Hon. Ogden Hiles, Judge. Action by plaintiffs to quiet title and determine an adverse claim to a certain interest in mining ground. From a judgment for plaintiffs, defendants appealed. STATEMENT OP PACTS.
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Appeal from the Third District Court, Salt Lake County. Hon. Ogden Hiles, Judge. Action by plaintiffs to quiet title and determine an adverse claim to a certain interest in mining ground. From a judgment for plaintiffs, defendants appealed. STATEMENT OP PACTS. This action was brought by the plaintiffs against defendant Youngberg and others, to quiet title and determine an adyerse claim to the undivided one-half of certain mining claims, and it is alleged that the defendants claim, adversely to the plaintiffs, some right,.title, and interest therein, owned by the plaintiffs, but what their…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
This record shows that Youngberg became the owner of the mining claims by virtue of the judgment against Hoge and sale of the property under the execution issued on that judgment prior to the pretended conveyance from Fields to Walker. The legal title was in Youngberg, subject to the mortgage lien held by Fields for the benefit of the bank. Although the deed to Fields was absolute in form, the findings and decree show that it was but a *419mortgage held to secure the payment of money. When that indebtedness was paid the whole title, legal and equitable, was in Youngberg.
The…
3Cases cited4 opinions
- Castro v. BarryCalifornia Supreme Court · 1889
- Thompson v. CheesmanUtah Supreme Court · 1897
- Sidney Stevens Implement Co. v. South Ogden Land, Building & Improvement Co.Utah Supreme Court · 1899
- Peck v. Girard Fire & Marine InsuranceUtah Supreme Court · 1897
4Cited by6 opinions
- Chesney v. Valley Live Stock Co.Wyoming Supreme Court · 1926
- Mickelson v. AndersonUtah Supreme Court · 1932
- Azzalia v. St. ClaireUtah Supreme Court · 1901
- Dunlap v. Stichting Mayflower Mountain FondsCourt of Appeals of Utah · 2003
- Womach v. HardingWashington Supreme Court · 1925
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