Snyder v. Murdock
Utah Supreme Court
Appeal from the Fourth District Court, Wasatch County, Hon. J. E. Booth, Judge. Action by plaintiff to restrain defendant Murdock, as sheriff, defendants Nicol and Hatch, his bondsmen, and defendants Clyde and A. M. Murdock, as execution plaintiffs, from selling and disposing of certain real and personal property levied on by a writ of execution. From a judgment for defendants, plaintiff appealed.
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Appeal from the Fourth District Court, Wasatch County, Hon. J. E. Booth, Judge. Action by plaintiff to restrain defendant Murdock, as sheriff, defendants Nicol and Hatch, his bondsmen, and defendants Clyde and A. M. Murdock, as execution plaintiffs, from selling and disposing of certain real and personal property levied on by a writ of execution. From a judgment for defendants, plaintiff appealed. The purpose is manifest in this assignment; taken as a whole, to convey all the assignors’ property, individual and partnership. When that intent is manifest, no matter what words are employed, the…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
The questions to be determined in this case are, first, does the deed of assignment convey to the assignee the six different pieces of land-in Wasatch County, when such property was not specifically described in the schedule annexed to the assignment ?
Second, what was the effect of the failure to record- the deed of assignment in Wasatch county?
*414Third, does the complaint show that Rasband Brothers, or their assigns had any interest in the property in Wasatch county, which was left by the deceased Thomas Rasbund ?
With reference to the first proposition, section 88, Rev.…
3Cases cited10 opinions
- Smith v. GoodmanIllinois Supreme Court · 1893
- State v. PerigoSupreme Court of Iowa · 1886
- Platt v. . LottNew York Court of Appeals · 1858
- Emigrant Industrial Sav'gs B'k v. . RocheNew York Court of Appeals · 1883
- Dupee v. Salt Lake Valley Loan & Trust Co.Utah Supreme Court · 1899
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4Cited by1 opinion
- In Re Apostolopoulos' EstateUtah Supreme Court · 1926