Snyder v. Pike
Utah Supreme Court
Appeal from District Court, Emery County; Jacob Johnson, Judge. 'Action by C. Beldin Snyder against W. K>. Pike. Erom a judgment for plaintiff, defendant appeals. APPELLANT^ POINTS. Where there is an assignment of the mortgage it will not pass or transfer the debt or note which the mortgage secured without also assigning the debt or note; for the indebtedness is not considered as passing by a mere transfer and assignment of the mortgage. (20 Am. and Eng.
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Appeal from District Court, Emery County; Jacob Johnson, Judge. 'Action by C. Beldin Snyder against W. K>. Pike. Erom a judgment for plaintiff, defendant appeals. APPELLANT^ POINTS. Where there is an assignment of the mortgage it will not pass or transfer the debt or note which the mortgage secured without also assigning the debt or note; for the indebtedness is not considered as passing by a mere transfer and assignment of the mortgage. (20 Am. and Eng. Ency. of Law (2 Ed.), 1028, 1030, 1033; 1 Wiltsie, Mortgage Foreclosure, p. 923.) A foreclosure suit is not strictly speaking an action in…
1Opinion of the CourtMcCAETY, J.
The two main or principal questions submitted to and determined by the lower court were: First, did the Fourth judicial district court, sitting at Provo, Utah county, have jurisdiction of the subject-matter to foreclose Pike’s mortgage? And, second, if so, did Snyder, as a redemptioner, make such a tender of payment of money as, under the law, operated as a redemption of the property in question from the mortgage foreclosure sale? The court found the issues involving the first proposition in favor of Snyder, and held that the district court sitting at Utah county was without jurisdiction; and…
Also in this document: Concurrence.
2Cases cited14 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- McCoy v. AbleIndiana Supreme Court · 1892
- Jackson v. SmithIndiana Supreme Court · 1889
- State ex rel. Egan v. WoleverIndiana Supreme Court · 1891
- Shreve v. Copper Bell Mining Co.Montana Supreme Court · 1891
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3Cited by7 opinions
- Pitts v. Pine Meadow Ranch, Inc.Utah Supreme Court · 1978
- Gillen v. Ill. Cent. Ry Co.Court of Appeals of Kentucky · 1910
- Sanipoli v. Pleasant Valley Coal Co.Utah Supreme Court · 1906
- Kramer v. Pixton, State Bank ExaminerUtah Supreme Court · 1928
- Huber v. WannerNorth Dakota Supreme Court · 1932
2 more not listed; retrieve them via the Exa API.