Welsh, Driscoll & Buck v. Buck
Utah Supreme Court
Appeal from District Court, Fourth District; Hon. A. B. Morgan, Judge. Suit by Welsh, Driscoll & Buck, a corporation, and another against William J. Buck, as executor of the last will of W. J. Wilson, deceased, and another to have certain deeds declared mortgages, in which defendants answered, praying affirmative relief quieting title. From a judgment dismissing the complaint and denying affirmative relief to defendants, plaintiffs appeal, and defendants cross-appeal.
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Appeal from District Court, Fourth District; Hon. A. B. Morgan, Judge. Suit by Welsh, Driscoll & Buck, a corporation, and another against William J. Buck, as executor of the last will of W. J. Wilson, deceased, and another to have certain deeds declared mortgages, in which defendants answered, praying affirmative relief quieting title. From a judgment dismissing the complaint and denying affirmative relief to defendants, plaintiffs appeal, and defendants cross-appeal. APPELLANT’S POINTS. It was a principle well recognized under the old chancery practice, and very early in England, that where…
1Opinion of the CourtFrick, J.
The plaintiffs, Welsh, Driscoll & Buck, a corporation, and Henry Welsh, brought this action in equity in the district court of Wasatch County against Wm. J. Buck, as executor of the last will of one W. J. Wilson, deceased, and against Me-dora Wilson Moline, who, at and prior to the death of said Wilson, was his wife. The plaintiffs sought to recover and prayed judgment for the sum of $8,983.90, which, it was alleged, said Wilson owed said corporation. They also prayed judgment that the court declare certain deeds executed by said deceased, during his lifetime, and one executed by both said…
2Cases cited1 opinion
- Duerden v. SolomonUtah Supreme Court · 1908
3Cited by3 opinions
- Rosenthyne v. Matthews-McCulloch Co.Utah Supreme Court · 1917
- Welsh, Driscoll & Buck v. BuckUtah Supreme Court · 1925
- Hess v. AngerUtah Supreme Court · 1919