Legal Opinion · Concurrence

Chapman v. Schiller, Judge

Utah Supreme Court

Decided September 27, 1938No. 6013Published

1ConcurrenceLarson, Justice

I concur, but I think the majority opinion does not adequately answer the principal arguments raised by plaintiff in support of the petition for the writ.

The real crux of the case is that the order of the defendant court is in excess of its jurisdiction and void because it deprives the mortgagee bondholder of substantial and presumably valuable rights with respect to her contract in that (a) It deprives her of the presumably valuable benefits to be derived from possible redemption from the foreclosure sale; (b) It deprives her and them of the right to apply the indebtedness (the bonds) to the…

2Cases cited25 opinions

  1. Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
  2. Peugh v. DavisSupreme Court of the United States · 1878
  3. Brine v. Insurance Co.Supreme Court of the United States · 1878
  4. Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
  5. Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891

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