Salt Lake Valley Loan & Trust Co. v. Millspaugh
Utah Supreme Court
Appeal from the District Court Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff against defendant to recover a deficiency on a promissory note secured by a trust deed, after a sale of a portion of the property mentioned in the trust deed but not by virtue of the power therein contained, and after a sale of the balance of the proporty mentioned in the trust deed, in compliance with the power of sale in the trust deed mentioned.
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Appeal from the District Court Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff against defendant to recover a deficiency on a promissory note secured by a trust deed, after a sale of a portion of the property mentioned in the trust deed but not by virtue of the power therein contained, and after a sale of the balance of the proporty mentioned in the trust deed, in compliance with the power of sale in the trust deed mentioned. From a judgment for plaintiff defendants appeal. The burden of the proof at the trial was upon respondent to show the value of lot 3 at the time the same…
1Opinion of the CourtMinee, J.
In August, 1892, appellants borrowed from the respondent 14,000, and gave their promissory note due in three years, secured by a trust deed on three, pieces of property in Salt Lake City. On April 15, 1893, appellants sold all this property to A. J. Schlager for $15,000, $8,000 of which was paid for lot 3, block 24, plat “F,” Salt Lake City Survey, covered by the trust deed, and $7,000 for the other property. The deed to Schlager only recited the fact that the title was taken subject to the incum-brance of the trust deed, and the grantee did not in terms in such conveyance assume or agree to…
2Cases cited4 opinions
- Woodward v. BrownCalifornia Supreme Court · 1897
- Barbieri v. RamelliCalifornia Supreme Court · 1890
- Brown v. WillisCalifornia Supreme Court · 1885
- Mallory v. KesslerUtah Supreme Court · 1898
3Cited by6 opinions
- Zion's Savings Bank & Trust Co. v. RouseUtah Supreme Court · 1935
- Bank of Ephraim v. DavisUtah Supreme Court · 1978
- Blue Creek Land & Live Stock Co. v. KehrerUtah Supreme Court · 1922
- Bawden & Associates v. SmithUtah Supreme Court · 1982
- Bank of Ephraim v. DavisUtah Supreme Court · 1978
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