Legal Opinion · Dissent

Featherstone v. Emerson

Utah Supreme Court

Decided July 22, 1896No. 687Published

Appeal from the district court, Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by John Featherstone against S. P. Emerson and others. From a judgment for. plaintiff, defendant Emerson appeals. The facts are set out in the opinion of the Justices.

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Appeal from the district court, Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by John Featherstone against S. P. Emerson and others. From a judgment for. plaintiff, defendant Emerson appeals. The facts are set out in the opinion of the Justices. As between purchasers in common of an estate bound by a joint lien or mortgage, each is bound to contribute only his proportion towards the discharge of the common burden and as to the remainder is to be considered simply as a surety;and if one of them is obliged to pay the whole amount to protect bis interests, be will…

1DissentZaNE, C. J.

It appears from the record in this case that defendant Emily S. Page, on December 17, 1890, borrowed $2,000 of the plaintiff, John Featherstone, and that on the same day she gave 'her note and mortgage on real estate owned by her to secure the same; that the note was made payable in two years from its date, and drew interest at 1 per cent per month; that the mortgage was duly recorded, and provided for the payment of an attorney’s fee of $100 *24in case suit should be brought to- collect the same. It also- appears that the defendant Page, on August 26, 1891, conveyed the land by a sufficient…

2Cases cited12 opinions

  1. Flanagan v. CushmanTexas Supreme Court · 1877
  2. Avery v. ClarkCalifornia Supreme Court · 1891
  3. Austin v. UnderwoodIllinois Supreme Court · 1865
  4. Gruhn v. RichardsonIllinois Supreme Court · 1889
  5. White v. WilliamsNew York Court of Chancery · 1829

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