Tracy Loan & Trust Co. v. Luke

The plaintiff brought this suit to foreclose a mortgage on a tract of land situated in Salt Lake City, Salt Lake county, Utah. The facts are not in dispute. On March 15, 1909, Christian Nielson and his wife, Sarah E. Nielson, executed and delivered to the plaintiff a promissory note for the sum of $1,300, payable on March 1,1914. To secure the pay ment of the $1,300 note, the Nielsons executed and delivered to the plaintiff a mortgage upon the property involved in this controversy. On October 20,1910, the Nielsons conveyed the mortgaged premises, subject to the mortgage, to the defendants…