Snyder v. Fidelity Savings Ass'n
Utah Supreme Court
Appeal from the Third District Court, Summit County.— Hon. A. G. Norrell, Judge. Action to compel the cancellation of a certain trust deed. From a judgment for defendants, plaintiff appealed.
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Appeal from the Third District Court, Summit County.— Hon. A. G. Norrell, Judge. Action to compel the cancellation of a certain trust deed. From a judgment for defendants, plaintiff appealed. We' think the great weight of authority justifies our contention that, inasmuch as the respondents are bound at all events, and under all circumstances, to seek their remedy in the courts of this State by a foreclosure of their trust deed, they are bound by the laws of Utah for a construction of their contract regardless of the provision in the note that Colorado law shall govern in its construction.…
1Opinion of the Court 1
A statement of the case as above having been made,
2Opinion of the Court · BabtchBabtch, J.
The principal question to be ‘ determined in this case is, whether the contract, over which this controversy arose, must be construed in accordance with the laws of Colorado, where the note and trust deed by their terms were made payable, or of this State, where the instruments were executed and delivered, and where the real estate given as security is situate. The appellant insists that, inasmuch as the contract was executed and delivered here, and the trust deed recorded here, and inasmuch as the corporation must seek its remedy in the…
3Cases cited13 opinions
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Building & Loan Ass'n of Dakota v. GriffinTexas Supreme Court · 1897
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
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4Cited by4 opinions
- Groover v. Pacific Coast Sav. SocietyCalifornia Supreme Court · 1912
- Smith v. Bath Loan & Building Ass'nSupreme Judicial Court of Maine · 1927
- Western Loan & Savings Co. v. DeskyUtah Supreme Court · 1902
- Trucker Sales Corporation v. PotterUtah Supreme Court · 1943