Clark v. Fisk
Utah Supreme Court
Appeal from a judgment of the district court of the first district and from an order refusing a new trial, Hon. James A. Miner, judge. The deed of Barry to Fisk was a deed poll signed by Barry alone and not by Fisk. It recited the mortgage “ which said second party hereby assumes and agrees to pay” Tbe stipulation in the deed is for the benefit simply of the grantor, in the deed and is revocable by him at any time.
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Appeal from a judgment of the district court of the first district and from an order refusing a new trial, Hon. James A. Miner, judge. The deed of Barry to Fisk was a deed poll signed by Barry alone and not by Fisk. It recited the mortgage “ which said second party hereby assumes and agrees to pay” Tbe stipulation in the deed is for the benefit simply of the grantor, in the deed and is revocable by him at any time. Crowell v. Hospital, 27 N. J. Eq. 650; Keller v. Ashford, 133 U. S. 610; Biddle v. Brizzolara, 64 Cal. 354; Bank v. Lodge, 98 U. S. 123; Mellon v. Whipple, 67 Mass. 317; Meech v.…
1Opinion of the Court
Bartoh, J.:
This suit was brought in the court below by Joseph Clark, as assignee of a note and mortgage executed by W. R. Swan and wife in favor of W. R. R. Stowell, to foreclose the same, and the appellant and respondents herein were made defendants. The respondents, defendants below, filed cross complaints, and each asked for a sale of the mortgaged property, and that' Fisk be decreed to pay whatever deficiency might remain after an application of the proceeds in payment of the nóte.' Judgment was entered accordingly, and thereupon -Fisk appealed to this court, assigning numerous errors,…
2Cases cited8 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Burr v. . BeersNew York Court of Appeals · 1861
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Bassett v. HughesWisconsin Supreme Court · 1877
- Coolidge v. SmithMassachusetts Supreme Judicial Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bracklein v. Realty Ins. Co.Utah Supreme Court · 1938
- Reid v. WhisenantSupreme Court of Georgia · 1926
- Montgomery v. RiefUtah Supreme Court · 1897
- Thompson v. CheesmanUtah Supreme Court · 1897
- McKay v. WardUtah Supreme Court · 1899
7 more not listed; retrieve them via the Exa API.