Harris v. Larsen
Utah Supreme Court
Appeal from the Second District Court, Weber County.— Hon. H. H. JRolapp, Judge. Action in ejectment. From a judgment in favor of tbe defendants, plaintiff appealed. Even though it be contended that the judgment referred to was not strictly a purchase-price judgment, yet 'it is clearly a judgment on a debt created for the purchase of the land in question, and said premises would not be exempt from sale under an execution issued thereon.
Read the full summary
Appeal from the Second District Court, Weber County.— Hon. H. H. JRolapp, Judge. Action in ejectment. From a judgment in favor of tbe defendants, plaintiff appealed. Even though it be contended that the judgment referred to was not strictly a purchase-price judgment, yet 'it is clearly a judgment on a debt created for the purchase of the land in question, and said premises would not be exempt from sale under an execution issued thereon. “A debt means a fixed and certain obligation to pay money or some other valuable thing, or things, either in the present or in the future.” 91 Pa. St. 402.…
1Opinion of the CourtMiner, C. J.
I do not concur in the opinion of my learned associate, Mr. Justice BaskiN, in this case. Mr. twood sold the land to the respondents for $1,500, said sum *141to be paid- in cash and 16,000 pounds of bogs. All of the purchase price, amounting to $884, was paid, except something less than 16,000 pounds of hogs. The hogs were to be received as final payment of the purchase price of the land, in accordance with the bill of sale, but they were never delivered, and judgment was obtained therefor, as part of the purchase price of the land. Execution was issued on the judgment, and the land in question…
2Cases cited3 opinions
- Appeal of the City of ErieSupreme Court of Pennsylvania · 1879
- Kimpton v. BronsonNew York Supreme Court · 1866
- Livingston v. GreeneNew York Court of Appeals · 1873
3Cited by3 opinions
- McMurdie v. ChuggUtah Supreme Court · 1940
- Bell v. JonesUtah Supreme Court · 1943
- Buzzard v. OdleSupreme Court of Oklahoma · 1939