Kurtz v. Ogden Canyon Sanitarium Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by J. H. Kurtz against the Ogden Canyon Sanitarium Company, and C. D'. Clark, defendants, and the Dtah & Oregon Lumber Company, J. H. Winslow, Sr., and the Shupe-Williams Candy Company, interveners. Judgment for plaintiff. Interveners appeal.
1Opinion of the CourtKriok, J.
The plaintiff brought this action against the Ogden Canyon Sanitarium Company, hereinafter styled “company,” and one O. D. Clark to foreclose a mortgage executed in the form of a trust deed in which said Clark was named trustee. The mortgage was delivered to plaintiff as collateral security, as will more fully appear hereafter. All of the other defendants intervened in the action as judgment creditors of *316said company, and claimed that their judgment liens were prior in right to the mortgage lien of plaintiff. The court found in favor of the plaintiff, declared said mortgage to be a prior and…
2Cases cited3 opinions
- Sidney Stevens Implement Co. v. South Ogden Land, Building & Improvement Co.Utah Supreme Court · 1899
- National Bank of the Republic v. George M. Scott & Co.Utah Supreme Court · 1898
- Wells, Fargo & Co. v. George M. Scott & Co.Utah Supreme Court · 1898
3Cited by4 opinions
- Jensen v. LichtensteinUtah Supreme Court · 1915
- Mason v. MasonUtah Supreme Court · 1945
- Felt City Townsite Co. v. Felt Investment Co.Utah Supreme Court · 1917
- Callahan v. Pioneer Nurseries Co.Utah Supreme Court · 1917