Legal Opinion

Fillmore Commercial & Savings Bank v. Kelly

Utah Supreme Court

Decided September 5, 1923No. 3923PublishedCited by 7 opinions

Appeal from District Court, Fifth District, Millard County ; Wm. F. Knox, Judge. Action by the Fillmore Commercial & Savings Bank against James A. Kelly, as guardian of the estate of Franklin Leon Robison, a minor, and Franklin Leon Robison. From judgment for plaintiff, second named defendant appeals.

1Opinion of the CourtCherry, J.

This is an action to foreclose a real estate mortgage executed by the defendant Kelly, as guardian of the estate of Franklin Leon Robison, a minor, to the plaintiff. The minor attained his majority after the execution of the mortgage and before the commencement of the action, and was made a defendant in the action. The guardian made no appearance. The defendant Robison filed a demurrer to the complaint, which was overruled. He then filed an answer, to which the plaintiff filed a demurrer, which was sustained. Upon defendant’s declining to amend his answer, a judgment was rendered for the…

2Cases cited12 opinions

  1. Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
  2. Davis v. GainesSupreme Court of the United States · 1881
  3. United States Mortgage Co. v. SperrySupreme Court of the United States · 1891
  4. Metropolis Tr. & Sav. Bank v. MonnierCalifornia Supreme Court · 1915
  5. Wray v. HowardSupreme Court of Oklahoma · 1920

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3Cited by7 opinions

  1. Personal Industrial Loan Corporation, Now Known as Beneficial Industrial Loan Corporation v. Kenneth Dickson ForgayCourt of Appeals for the Tenth Circuit · 1957
  2. Stockyards Nat. Bank of South Omaha v. BraggUtah Supreme Court · 1925
  3. Robison v. KellyUtah Supreme Court · 1927
  4. Centennial Mill Co. v. MartinovUtah Supreme Court · 1934
  5. Wilder v. Century Carpet Co.Court of Appeals for the Ninth Circuit · 1937

2 more not listed; retrieve them via the Exa API.

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