Peery v. Wright
Utah Supreme Court
Appeal from the district court, Second district, Weber county. Hon. H. H. Eolapp, Judge. Action by D. H. Peery against Heber Wright, sheriff, to compel him to give to plaintiff a certificate or bill of sale of property sold by the sheriff in satisfaction of judgment. The property purchased passed to plaintiff, and the amount credited on the judgment, it not being sufficient to liquidate the same, and consequently no money passed to the sheriff.
Read the full summary
Appeal from the district court, Second district, Weber county. Hon. H. H. Eolapp, Judge. Action by D. H. Peery against Heber Wright, sheriff, to compel him to give to plaintiff a certificate or bill of sale of property sold by the sheriff in satisfaction of judgment. The property purchased passed to plaintiff, and the amount credited on the judgment, it not being sufficient to liquidate the same, and consequently no money passed to the sheriff. From a judgment in favor of the plaintiff defendant appeals. The supreme court of Washington has decided that under the statute of that state such…
1Opinion of the Court
Bartch, J.:
This action was brought against the defendant, who. is the sheriff of Weber county, Utah, to compel him to make and return an order of sale, and to issue and deliver to the plaintiff a bill of sale of certain property, sold under execution. In addition to the necessary formal matters, the complaint states, as facts, substantially, that the defendant, as sheriff, sold, under execution, certain shares of the capital stock of a Utah corporation; that the stock was bid in by the plaintiff, who was the judgment creditor; that the amount of the bid was not paid to the sheriff in money,…
2Cases cited4 opinions
- Sharvey v. Central Vermillion Iron Co.Supreme Court of Minnesota · 1894
- State ex rel. Thompson v. PrinceWashington Supreme Court · 1894
- Coleman v. RossOregon Supreme Court · 1887
- State ex rel. Cannon v. PughWashington Supreme Court · 1894
3Cited by4 opinions
- Smith v. Carbon CountyUtah Supreme Court · 1936
- Jurgens v. HauserMontana Supreme Court · 1897
- Lyman v. ThornWyoming Supreme Court · 1916
- Roberts v. IngallsNevada Supreme Court · 1913