Standard Steam Laundry v. Dole
Utah Supreme Court
Appeal from the Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. Action for accounting. Defendant filed an answer' admitting, denying and setting up a counterclaim and prayed for an accounting, and that be be decreed a lien upon the property of plaintiff. Plaintiff filed a replication denying affirmative matter in the answer and pleading payment.
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Appeal from the Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. Action for accounting. Defendant filed an answer' admitting, denying and setting up a counterclaim and prayed for an accounting, and that be be decreed a lien upon the property of plaintiff. Plaintiff filed a replication denying affirmative matter in the answer and pleading payment. From a decree allowing the defendant a lien and giving the" plaintiff the right to redeem the property on payment of the amount of the lien plaintiff appealed. The contention of appellant is: That this is a special proceeding under the…
1Opinion of the Court 1
A statement of the case as above having been made,
2Opinion of the Court · BartchBartch, C. J.
*318The first question to be determined is whether this is a special action under the statute to redeem real estate after foreclosure sale or a general equitable action to determine all matters in controversy between the parties.
The appellant contends that it is a special statutory proceeding to redeem its real estate from the mortgage sale, and that the only burdens which can be imposed upon the judgment debtor, or his successor in interest, as a condition precedent to his right to redeem, are the repayment to the purchaser of the amount of the…
3Cases cited8 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Ross-Meehan Brake Shoe Foundry Co. v. Pascagoula Ice Co.Mississippi Supreme Court · 1895
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Cherry v. ArthurWashington Supreme Court · 1893
- Pettyplace v. Groton Bridge & Manufacturing Co.Michigan Supreme Court · 1894
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4Cited by11 opinions
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- McDonald Automobile Co. v. BicknellTennessee Supreme Court · 1914
- Barton v. GrosecloseIdaho Supreme Court · 1905
- Bowden v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1950
- County Board of Equalization of Kane County v. State Tax Commission of UtahUtah Supreme Court · 1935
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