Commercial Nat. Bank of Salt Lake City v. Brinton
Utah Supreme Court
Appeal from District Court, Third District, Son. G. W. Morse, Judge. Action by the Commercial National Bank of Salt Lake City and another, against David B. Brinton and others. Judgment for plaintiff for partial relief. Plaintiffs and defendants appeal. plaintiffs’ points.
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Appeal from District Court, Third District, Son. G. W. Morse, Judge. Action by the Commercial National Bank of Salt Lake City and another, against David B. Brinton and others. Judgment for plaintiff for partial relief. Plaintiffs and defendants appeal. plaintiffs’ points. The mortgage as against subsequent incumbrances becomes a lien for the whole sum advanced from time of this execution, and not for each separate account advanced from the time of such advancement, although the right to enforce the collection thereof can only arise upon each advancement being made. (Ackerman v. Hunsicker, 85…
1Opinion
ON APPLICATION POR REHEARING.
McCARTY, C. J.
Counsel for respondents have filed a petition for rehearing, in ■ which they vigorously assail the conclusions arrived at in the foregoing opinion respecting the note for $2,000 which was stamped “Paid August 28, 1906.” While counsel do *279not directly assail that part of tbe opinion in which the judgment of the lower court as to the four notes that were paid August 28, 1906, is upheld, they nevertheless, in their discussion of the points presented by their petition, in effect challenge the correctness of that part of the opinion. We shall therefore…
2Cases cited2 opinions
- Campbell v. GowansUtah Supreme Court · 1909
- Huish v. FenkellUtah Supreme Court · 1934