Harris v. Larsen
Utah Supreme Court
Appeal from the Second District Court, Weber County.— Hon. H. H. JRolapp, Judge. Action in ejectment. From a judgment in favor of tbe defendants, plaintiff appealed. Even though it be contended that the judgment referred to was not strictly a purchase-price judgment, yet 'it is clearly a judgment on a debt created for the purchase of the land in question, and said premises would not be exempt from sale under an execution issued thereon.
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Appeal from the Second District Court, Weber County.— Hon. H. H. JRolapp, Judge. Action in ejectment. From a judgment in favor of tbe defendants, plaintiff appealed. Even though it be contended that the judgment referred to was not strictly a purchase-price judgment, yet 'it is clearly a judgment on a debt created for the purchase of the land in question, and said premises would not be exempt from sale under an execution issued thereon. “A debt means a fixed and certain obligation to pay money or some other valuable thing, or things, either in the present or in the future.” 91 Pa. St. 402.…
1Dissent
BASKIN, J".
(dissenting). — This is an action in ejectment. The case was tried without a jury, and judgment was rendered in favor of tbe defendants. Tbe only question involved is whether tbe findings support tbe judgment. Tbe trial court found “tbat on July 2, 1895, said R. A. Atwood executed a deed conveying said premises [described in tbe complaint] to defendant ITenry Larsen; tbat tbe purchase price of said land was $1,500, of wbicb $884 was paid in cash, and tbat said defendants, Henry Larsen and Kristine Larsen, gave said Atwood a bill of sale of 16,000 pounds of bogs as a final payment…
2Cases cited9 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Lane County v. OregonSupreme Court of the United States · 1869
- Perry v. WashburnCalifornia Supreme Court · 1862
- McKillip v. McKillipNew York Supreme Court · 1850
- State ex rel. Cohen v. HawesIndiana Supreme Court · 1887
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