Foote v. Utah Commercial & Savings Bank
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, judge. Action by Georgia Foote against the Utah Commercial & Savings Bank, impleaded with another. From a judgment for plaintiff, the bank appeals. The amount of proof required to sbow tbat a deed absolute is a trust or a mortgage is proof beyond all reasonable controversy. Chambers v. Emery, 13 TJtab 378; Ewing v. Keith, 52 Pac.
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Appeal from district court, Salt Lake county; Ogden Hiles, judge. Action by Georgia Foote against the Utah Commercial & Savings Bank, impleaded with another. From a judgment for plaintiff, the bank appeals. The amount of proof required to sbow tbat a deed absolute is a trust or a mortgage is proof beyond all reasonable controversy. Chambers v. Emery, 13 TJtab 378; Ewing v. Keith, 52 Pac. Eep. 4. Even taking tbe strained construction tbat Foote’s presence was Mrs. Foote’s presence and possession, nevertheless tbe possession of tbe grantor in a warranty deed, after tbe execution of tbe deed, is…
1Opinion of the Court
MINER, J.:
This action was brought by the plaintiff and respondent. to declare and hold the defendant bank as trustee for the plaintiff’s use and benefit of 6,250 shares of the capital stock of the Diamond Coal & Coke Company, standing in the name of the bank. The trial court adjudged the bank a trustee for the plaintiff, and ordered it to deliver the stock, properly indorsed, to the plaintiff, subject to the payment of $843.91 to defendant Cummings. From this decree the bank appeals to this court, assigning errors upon the admission of testimony and upon the findings of the court.
The…
Also in this document: Concurrence.
2Cases cited3 opinions
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
- Griggs v. . DayNew York Court of Appeals · 1892
- Union Trust Co. v. RigdonIllinois Supreme Court · 1879
3Cited by14 opinions
- Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
- Mechanics & Metals National Bank of New York v. PingreeIdaho Supreme Court · 1924
- Dibert v. WernickeCourt of Appeals for the Sixth Circuit · 1914
- Ainsworth v. National BankArizona Supreme Court · 1928
- Eppert v. LowishIndiana Court of Appeals · 1929
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