Daniels v. Smith
Utah Supreme Court
Appeal from District Court of Weber County, Second District ; Hon. J. A. Howell, Judge. Creditor’s suit by Max Daniels against Emory A. Smith and Ethel Blickensdorfer Smith. Judgment for plaintiff. Defendants appeal. APPELLANTS’ POINTS Tbe court found that defendants had filed no homestead exemption claim.
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Appeal from District Court of Weber County, Second District ; Hon. J. A. Howell, Judge. Creditor’s suit by Max Daniels against Emory A. Smith and Ethel Blickensdorfer Smith. Judgment for plaintiff. Defendants appeal. APPELLANTS’ POINTS Tbe court found that defendants had filed no homestead exemption claim. That is not a finding on an issue upon which we were entitled to a finding (Everett v. Jones, 32 Utah, 489: Dillon Implement Co. v. Cleveland, 32 Utah 1; Munsee v. McKellar, 39 Utah, 282,) and if it should be considered as such finding, we submit that it is erroneous. Under the decisions of…
1Opinion of the CourtFrick, C. J.
This is a creditor’s suit against the defendants, who are husband and wife. The purpose of the action was to have certain conveyances of real estate made by the husband to the wife declared void as against the plaintiff, and to have the proceeds which the wife obtained for said real estate declared to be held in trust by her for the use of her husband, and that the same be applied to satisfy the plaintiff’s judgments which he had obtained against the husband. Briefly stated, the controlling facts are as follows:
On the 14th day of October, 1912, the plaintiff and the defendant Emory A. Smith…
2Cases cited8 opinions
- DeLacy v. Hurst, Purnell & Co.Supreme Court of Georgia · 1889
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Booth & Co. v. Mohr & SonsSupreme Court of Georgia · 1905
- Huntington v. JonesSupreme Court of Connecticut · 1899
- Bronson v. ThompsonSupreme Court of Connecticut · 1904
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3Cited by4 opinions
- Williams v. PetersonUtah Supreme Court · 1935
- Thompson v. ReynoldsUtah Supreme Court · 1922
- Utah Builders' Supply Co. v. GardnerUtah Supreme Court · 1934
- Stucki v. EllisUtah Supreme Court · 1949