Felkner v. Dooly
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Hon. C. W. Morse, Judge. Action to declare and enforce a trust upon moneys received on the sale of certain property alleged to be in the hands of respondent in favor of the appellants as creditors of one William A. Norton, deceased. From a judgment in favor of the defendant, the plaintiffs appealed. STATEMENT OE EACTS.
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Appeal from the Third District Court, Salt Lake County. — Hon. C. W. Morse, Judge. Action to declare and enforce a trust upon moneys received on the sale of certain property alleged to be in the hands of respondent in favor of the appellants as creditors of one William A. Norton, deceased. From a judgment in favor of the defendant, the plaintiffs appealed. STATEMENT OE EACTS. The facts in this case, so far as material in the determination of the questions raised by tiiis appeal, are as follows: On the 27th day of February, 1883, W. A. Norton made, executed, and delivered to defendant, John E.…
1Opinion of the Court
McCARTY, J.,
after making tbe foregoing statement of facts, delivered tbe opinion of tbe court.
Tbe first question presented by this appeal is, did tbe sale of tbe Charles Dickens mine under tbe foreclosure proceedings, and tbe purchase of tbe property by Dooly, terminate bis trust as to tbe two-tbirds of tbe *356property covered by his mortgage lien? Appellants contend that the sale of the property and its conversion into money did not in any respect change the legal relation of Dooly, as trastee of the property, to the beneficiaries notwithstanding the fact that he purchased the property at the…
2Cases cited4 opinions
- Hamilton v. DoolyUtah Supreme Court · 1897
- Scholle v. . ScholleNew York Court of Appeals · 1886
- Charter Oak Life Insurance v. GisborneUtah Supreme Court · 1887
- Barrette v. DoolyUtah Supreme Court · 1899
3Cited by1 opinion
- Felkner v. DoolyUtah Supreme Court · 1904