Sherman v. Droubay
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Ho». IF. G. Hall, Judge. Action to foreclose a certain trust deed upon certain real estate situated in Tooele county given to secure two promissory notes by their terms payable in Salt Lake City, Utah. Prom a judgment in favor of the plaintiff, the defendants appealed. A mortgage does not affect a transfer of title, but merely creates a lien upon the property.
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Appeal from the Third District Court, Salt Lake County. — Ho». IF. G. Hall, Judge. Action to foreclose a certain trust deed upon certain real estate situated in Tooele county given to secure two promissory notes by their terms payable in Salt Lake City, Utah. Prom a judgment in favor of the plaintiff, the defendants appealed. A mortgage does not affect a transfer of title, but merely creates a lien upon the property. Thompson v. Cheesman, 15 Utah 43, 48 Pac. 477. “In those states in this country where the mortgage is considered a mere lien, and the legal estate as remaining in the mortgagor,…
1Opinion of the CourtRolapp, District Judge
This appeal involves simply the determination of the question as to where an action shall be brought for the foreclosure of a real mortgage, when the indebtedness by express terms is made payable in one county and the real estate securing the payment of such indebtedness is situated in another county. Our statute provides that “there can be but one action for the recovery of any debt secured by mortgage” (Rev. Stat. 1898, section 3498); that “a mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession *50of the…
2Cases cited9 opinions
- Deseret Irrigation Co. v. McIntyreUtah Supreme Court · 1898
- Konold v. Rio Grande Western Ry. Co.Utah Supreme Court · 1897
- Mosby ex rel. Mosby v. GisbornUtah Supreme Court · 1898
- Woodward v. EdmundsUtah Supreme Court · 1899
- Gibbs v. GibbsUtah Supreme Court · 1903
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3Cited by2 opinions
- Sanipoli v. Pleasant Valley Coal Co.Utah Supreme Court · 1906
- Snyder v. PikeUtah Supreme Court · 1905