Featherstone v. Emerson
Utah Supreme Court
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…
1Opinion of the Court
MINER, J.:
It appears from the record that on December 17, 1890, the defendants Emily S. Page and E. J. Page borrowed from the plaintiff, Featherstone, the sum of $2,000, and gave him their note secured by a mortgage on the property in question. On August 26, 1891, the defendants Page and wife conveyed by warranty deed the said mortgaged property to defendants Brown and Emerson for the sum of $5,000, subject to the $2,000 mortgage of December 17, 1890, which the grantees jointly agreed to assume and pay. Brown and Emerson also paid to Page $1,000 in cash, and executed a purchase-money mortgage…
2Cases cited7 opinions
- Flanagan v. CushmanTexas Supreme Court · 1877
- Austin v. UnderwoodIllinois Supreme Court · 1865
- Jones v. ParkerWisconsin Supreme Court · 1881
- Exchange Building & Investment Co. v. BaylessSupreme Court of Virginia · 1895
- Clark v. WarrenSupreme Court of Georgia · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barton v. MatthewsSupreme Court of Arkansas · 1919
- Wides v. Wides' Ex'rCourt of Appeals of Kentucky (pre-1976) · 1944
- Jones v. HarrisSupreme Court of Arkansas · 1909
- Gray v. KapposUtah Supreme Court · 1936