Dickert v. Weise
Utah Supreme Court
Appeal from the Third Judicial District Court. Action to foreclose a mortgage. The complaint was in the ordinary form of foreclosure,. and contained the following allegation among others: “That there is now .due and owing upon said note the sum of $1,493, with interest thereon at ten per cent, per annum from November 24, 1875.” The answer contained the following denial of said allegation: “ Denies that at the commencement of this, suit or at any other time there was due or…
Read the full summary
Appeal from the Third Judicial District Court. Action to foreclose a mortgage. The complaint was in the ordinary form of foreclosure,. and contained the following allegation among others: “That there is now .due and owing upon said note the sum of $1,493, with interest thereon at ten per cent, per annum from November 24, 1875.” The answer contained the following denial of said allegation: “ Denies that at the commencement of this, suit or at any other time there was due or owing upon the note mentioned in the complaint, from the defendant to plaintiff, the sum of $1,493, with interest…
1Opinion of the CourtForeman, J.
This is an action on note and mortgage for foreclosure; plaintiff alleging possession in the defendant at the giving of the mortgage.
Appellant (defendant below) answered, setting up that he bought the land of the plaintiff, paid for it in part, and after-wards gave the mortgage for the residue of the purchase money. That plaintiff had no valid title, but that his patent from the United States was procured by fraud; that the property was mineral land, and not subject to entry and patent as agricultural lands, and, therefore, the patent was void; and that, further, the United States had…
2Cited by3 opinions
- Dunham v. TravisUtah Supreme Court · 1902
- Harman v. Yeager Et Ux.Utah Supreme Court · 1943
- Adams v. Pratt, District JudgeUtah Supreme Court · 1935