Rohwer v. Burrell
Utah Supreme Court
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!…
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