Legal Opinion · Concurrence

Garner v. Thomas

Utah Supreme Court

Decided April 20, 1938No. 5917Published

1ConcurrenceWolfe, Justice

The opinion on rehearing states that two points are urged in the petition for a rehearing wherein it is claimed this court committed error. I think there is a third which seems to me more important and difficult than the two mentioned in Mr. Justice LARSON’S opinion.

The opinion of the court, speaking through Mr. Justice Larson, in this case, 94 Utah 287, 75 P. 2d 168, 171, adjudges that “the decree of foreclosure should provide that lot 1 * * * was inadvertently and erroneously included in the description of the mortgaged property, and should be deleted therefrom.” In his brief on petition…

2Cases cited14 opinions

  1. Dayton v. FreeUtah Supreme Court · 1914
  2. George v. Fritsch Loan & Trust Co.Utah Supreme Court · 1927
  3. Western Securities Co. v. Silver King Consol. Mining Co. of UtahUtah Supreme Court · 1920
  4. Dahlquist v. Denver & R. G. R. Co.Utah Supreme Court · 1918
  5. Nordfors v. Knight Et Ux.Utah Supreme Court · 1936

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