Rosenthyne v. Matthews-McCulloch Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Suit by Lovina W. Rosenthyne against the Matthews-McCulloeh Company and others to cancel a deed. Judgment canceling the deed, but adjudging defendant Company to have a lien upon the land. Plaintiff appeals.
1Opinion of the CourtFrick, C. J.
*40The plaintiff brought this action to cancel a deed of conveyance which she alleged was made without authority by her husband, who, in making the same, acted as her attorney in fact under a certain power of attorney. §he prayed for relief as follows:
“That the deed hereinbefore described, and the record thereof, be declared fraudulent and void by this court, and that said deed be required to be delivered up for cancellation.”
The plaintiff obtained judgment canceling the deed, but the district court also entered judgment against her and in favor of the Matthews-MeCulloeh Company, hereinafter…
2Cases cited9 opinions
- Harding v. WheatonSupreme Court of the United States · 1826
- Walden v. BodleySupreme Court of the United States · 1840
- Farmers' Loan & Trust Co. v. Denver, L. & G. R.Court of Appeals for the Eighth Circuit · 1903
- Hubbard v. TodSupreme Court of the United States · 1898
- Big Cottonwood Tanner Ditch Co. v. ShurtliffUtah Supreme Court · 1916
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3Cited by18 opinions
- Hill v. Estate of AllredUtah Supreme Court · 2009
- Horton v. HortonUtah Supreme Court · 1984
- 50 West Broadway Associates v. Redevelopment Agency of Salt Lake CityUtah Supreme Court · 1989
- Reimann Et Ux. v. Baum Et Ux.Utah Supreme Court · 1949
- United States Building & Loan Ass'n v. Midvale Home Finance Corp.Utah Supreme Court · 1935
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