Fullerton v. Bailey
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by William Fullerton against Ledyard M. Bailey, administrator with the will annexed of the estate of James Boggs, deceased, and others. A demurrer to the complaint was sustained, and plaintiff: appeals.
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Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by William Fullerton against Ledyard M. Bailey, administrator with the will annexed of the estate of James Boggs, deceased, and others. A demurrer to the complaint was sustained, and plaintiff: appeals. Two notes were given by the testator on September 30, 1890, one maturing September 30, 1891, and the other on September 30,1892. He died November 18, 1893, and the statute of limitations as to both notes was in motion long before his death. Had he lived, his remedy would have been barred on September 30, 1895, as to one,…
1Opinion of the Court
MINER, J.:
The complaint in this case was filed October 21, 1897, asking that the plaintiff be subrogated to the rights of Ann North Leaker, under a mortgage which appellant paid to her in order to prevent a foreclosure thereof. The mortgage, at the time of this payment, was a proper claim upon the land and against the estate of the deceased. The land covered by the mortgage had, previous to the settlement of the estate, been conveyed to the appellant by the sole legatee under the will, under the representations that there were no debts except the mortgage in question, and that the estate was…
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