Baer v. Higson
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Idem. W. C. Hall, Judge. -Action in equity to quiet title to certain real property; to declare void a certain mortgage covering the same and purporting to have been executed by the plaintiffs to defendant Conway; to set aside all the proceedings had under the mortgage and to enjoin the defendants and each of them from asserting any title or claim to the property.
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Appeal from the Third District Court, Salt Lake County. — Idem. W. C. Hall, Judge. -Action in equity to quiet title to certain real property; to declare void a certain mortgage covering the same and purporting to have been executed by the plaintiffs to defendant Conway; to set aside all the proceedings had under the mortgage and to enjoin the defendants and each of them from asserting any title or claim to the property. Prom a judgment in favor of the plaintiffs, the defendants appealed. The respondents had no standing in equity and the trial court erred in overruling the demurrer to the…
1Opinion of the CourtBartch, J.
This is an action in equity to quiet title to certain real property; to declare void a certain mortgage covering the property, and purporting to have been executed by the plaintiffs to defendant Conway; to set aside all the .proceedings had under the mortgage, including a judgment and decree rendered in favor of defendant Higson in a foreclosure suit, where the mortgage was foreclosed and the property sold; and to enjoin the defendants, and each of them, from asserting any title or claim to the property, and from taking any further proceeding in respect to it by virtue of the decree of…
2Cases cited14 opinions
- Borland v. ThorntonCalifornia Supreme Court · 1859
- Mason and Another v. . MilesSupreme Court of North Carolina · 1869
- Ede v. HazenCalifornia Supreme Court · 1882
- Imlay v. CarpentierCalifornia Supreme Court · 1859
- Hintrager v. SumbargoSupreme Court of Iowa · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Intermill v. NashUtah Supreme Court · 1938
- Dunne v. YundMontana Supreme Court · 1916