Commercial National Bank of Ogden v. United States Savings, Loan & Building Co.
Utah Supreme Court
Appeal from tlie district court of the Third judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by the Commercial National Bank of Ogden against the United States Savings, Loan and Building Company and others, to quiet title to certain real estate. Certain parties being made oo-defendants on request of defendants, and judgment haying been rendered against defendants, the latter appealed without having served notice o-f appeal on the co-defendants.
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Appeal from tlie district court of the Third judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by the Commercial National Bank of Ogden against the United States Savings, Loan and Building Company and others, to quiet title to certain real estate. Certain parties being made oo-defendants on request of defendants, and judgment haying been rendered against defendants, the latter appealed without having served notice o-f appeal on the co-defendants. By reason of this failure to give said notice, the respondent moved the appellate court to dismiss said appeal. We concede the…
1Opinion of the Court
Bartch, J.:
This action was brought against Ogden City, Achilles Perrin, as probate judge of Weber county, Utah, and the appellant, to quiet title to certain land, part of which is described in the complaint as “lots 1, 5, and 9 in block 2” of a certain subdivision in Ogden City. The appellant, after admittng its own corporate existence, and that of Ogden city and Weber county, denies the other material allegations of the complaint, and then, asserting its own claim to the land in question, it avers that it holds a valid and totally unsatisfied mortgage upon said premises, and *194by way of cross…
2Cases cited11 opinions
- Davis v. Mercantile Trust Co.Supreme Court of the United States · 1894
- Senter v. De BernalCalifornia Supreme Court · 1869
- Moody v. MillerOregon Supreme Court · 1893
- Thompson v. EllsworthNew York Court of Chancery · 1846
- Adams v. McPhersonIdaho Supreme Court · 1893
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3Cited by12 opinions
- Walter Box Co. v. BlackburnCourt of Appeals of Texas · 1913
- Blyth & Fargo Co. v. SwensonUtah Supreme Court · 1897
- Griffin v. Southern Pacific Co.Utah Supreme Court · 1906
- Stephens v. StevensUtah Supreme Court · 1904
- In Re Brooks' EstateOregon Supreme Court · 1941
7 more not listed; retrieve them via the Exa API.