Campbell v. Gowans
Utah Supreme Court
Appeal from Third District Court, Salt Lake County.— Son. Geo. G. Armstrong, Judge. Action to foreclose a deed of trust. From a judgment for plaintiff, tbe defendants appealed. respondent's authorities. “Where a mortgagor pays the amount of the debt to one whom he knows has not possession of the papers- and who undertakes merely to procure a release from the mortgagee, the mortgagor assumes the risk of the release being procured in that manner.”
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Appeal from Third District Court, Salt Lake County.— Son. Geo. G. Armstrong, Judge. Action to foreclose a deed of trust. From a judgment for plaintiff, tbe defendants appealed. respondent's authorities. “Where a mortgagor pays the amount of the debt to one whom he knows has not possession of the papers- and who undertakes merely to procure a release from the mortgagee, the mortgagor assumes the risk of the release being procured in that manner.” Lane v. Duchae, I3 Wis.' 646, 41 N. W. 962. “No authority can be inferred merely from the fact that the money was borrowed from the holder of the…
1Opinion of the CourtStbattp, J.
This action is brought by the plaintiff, to foreclose a deed of trust on real property, executed and delivered by the defendants Hugh S. and Betsy Gowans to secure their promissory note of even date, payable to the plaintiff. The defendant S. B. Milner, a resident of Salt Lake City, was named the trustee in the deed. The answer of the Gow-anses contained a plea of payment, and a demand for the surrender and cancellation of the note and deed.
The note was for $500, dated July 1896, and was payable July 1898 at the National Bank of the Bepublie, at Salt Lake City. The facts are substantially as…
2Cases cited16 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1895
- Thomson v. SheltonNebraska Supreme Court · 1896
- Harrison v. LegoreSupreme Court of Iowa · 1899
- Quinn v. DresbachCalifornia Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Catlin v. ReedSupreme Court of Oklahoma · 1929
- Dahlberg v. DahlbergUtah Supreme Court · 1930
- Utah Commercial & Savings Bank v. FoxUtah Supreme Court · 1914
- Federal Land Bank v. Union Bank & Trust Co.Supreme Court of Iowa · 1940
- Kinsman v. Utah Gas & Coke Co.Utah Supreme Court · 1918
37 more not listed; retrieve them via the Exa API.