Legal Opinion

Rohwer v. Burrell

Utah Supreme Court

Decided April 29, 1913No. 2391PublishedCited by 3 opinions

Appeal from District Court, First District; Hon. W. W. Maughan, Judge. Action by Mary B. Rohwer against George E. Burrell and Martin V. Bowher. Judgment for defendants. Plaintiff appeals. APPELLANT'S POINTS. A release or discharge of a mortgage obtained through mistake or fraud, will, as between the parties be held inoperative and no defense to a foreclosure.

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Appeal from District Court, First District; Hon. W. W. Maughan, Judge. Action by Mary B. Rohwer against George E. Burrell and Martin V. Bowher. Judgment for defendants. Plaintiff appeals. APPELLANT'S POINTS. A release or discharge of a mortgage obtained through mistake or fraud, will, as between the parties be held inoperative and no defense to a foreclosure. (2 Jones on Mortgages (6 ed.) pages 966, 967, note 540; 27 Cyc. page 1431; 27 Cyc. page 1432, note 73, collecting cases; Southern Kansas Arm. Otd. Go. v. Garrity, 57 Kan. 805, 48 P'ac. 33; See. 35 Cent. Dig. tit. Mortgages 951; -20 Am.…

1Opinion of the CourtFkick, J.

Appellant brought this action in equity to cancel a certain release of a real estate mortgage and to vacate the record thereof; to cancel a certain power of attorney; to reinstate-the mortgage released by said pretended release; and to recover $377 and accrued interest, including an attorney’s fee, from the respondents. A trial in the lower court resulted in finding and judgment in favor of the respondent Martin V. Kohwer and a dismissal of the action as against George E. Burrell, from which judgment appellant prosecutes this appeal.

In view of the conclusions reached, we need not set forth!…

2Cited by3 opinions

  1. Ralph A. Badger & Co. v. Fidelity Building & Loan Ass'n.Utah Supreme Court · 1938
  2. Ashton v. SkeenUtah Supreme Court · 1935
  3. Gray v. BullenUtah Supreme Court · 1917

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