Miller v. Livingston
Utah Supreme Court
Appeal from the Third District Court Salt Lake County. Hod. Ogden Hiles, Judge. Action to foreclose a mortgage and recover an amount due on a note together with taxes and attorney’s fees. From a judgment for plaintiff defendants appealed. In an action for the recovery of the purchase price of real estate, the recital of the consideration in the deed is at least prima facie evidence of the amount of the purchase price. 6 American & Eng.
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Appeal from the Third District Court Salt Lake County. Hod. Ogden Hiles, Judge. Action to foreclose a mortgage and recover an amount due on a note together with taxes and attorney’s fees. From a judgment for plaintiff defendants appealed. In an action for the recovery of the purchase price of real estate, the recital of the consideration in the deed is at least prima facie evidence of the amount of the purchase price. 6 American & Eng. Enc. of Law, 2d ed. 778, and cases cited. A recital in a deed is evidence of the fact or incident recited as against the parties to the deed and all persons…
1Opinion of the CourtBartch, C. J.
It appears from-the record that on June 16, 1898, the defendants Elizabeth Livingston, Sr., Archibald Livingston, John Livingston and Elizabeth Livingston, Jr., executed and delivered to the plaintiff a promissory note in the sum of $700, payable on or before two years after date thereof, and secured the same by mortgage upon certain real property situate in Salt Lake City. On August 31, 1898, plaintiff, claiming the note and mortgage to be still due and unpaid, brought this action to foreclose the mortgage and recover the amount due on the note, a certain sum alleged to have been paid by him…
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