Dupee v. Rose
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by Jacob A. Dupee against Frederick W. Eose to foreclose a trust deed. From a judgment sustaining a demurrer to the complaint and dismissing the same, plaintiff appeals. Two questions are submitted to the court. First — Is not the trust deed containing the usual provisions and covenants found in snob instrument a mortgage and subject to foreclosure in a court of chancery.
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Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by Jacob A. Dupee against Frederick W. Eose to foreclose a trust deed. From a judgment sustaining a demurrer to the complaint and dismissing the same, plaintiff appeals. Two questions are submitted to the court. First — Is not the trust deed containing the usual provisions and covenants found in snob instrument a mortgage and subject to foreclosure in a court of chancery. Second — Does the power of sale contained in the instrument divest a court of chancery of jurisdiction and compel this…
1Opinion of the Court
Bartoh, J.:
Appellant brought this suit to foreclose a trust deed. It appears that on April 1, 1891, J. B. Blazer and wife executed and delivered to the appellant, plaintiff below, their promissory note in the sum of $800, payable April 1, 1894, and secured it by trust deed on a certain parcel of land, in favor of Frank B. Stephens, as trustee for plaintiff. Afterwards the respondent purchased the prop*308erty, and assumed the payment of the indebtedness secured by the trust deed. The interest was paid, but default was made in the payment of the principal. The court sustained a demurrer to the…
2Cases cited7 opinions
- Thompson v. MarshallOregon Supreme Court · 1891
- Union Mutual Life Insurance v. WhiteIllinois Supreme Court · 1883
- Webb v. HoseltonNebraska Supreme Court · 1876
- Shillaber v. RobinsonSupreme Court of the United States · 1878
- Lawrence v. . the Farmers' Loan and Trust Co.New York Court of Appeals · 1855
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3Cited by9 opinions
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- Brown v. SkeenUtah Supreme Court · 1936
- Cornell v. Conine-Eaton Lumber Co.Colorado Court of Appeals · 1897
- General Electric Co. v. La Grande Edison Electric Co.Court of Appeals for the Ninth Circuit · 1898
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