Dupee v. Salt Lake Valley Loan & Trust Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action in ejectment to recover possession of property admitted to be in the possession of defendant. Both parties claim title through a foreclosure proceeding and a mortgage given by John W. Jones and wife to plaintiff. From a judgment and decree for defendant, plaintiff appeals.
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Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action in ejectment to recover possession of property admitted to be in the possession of defendant. Both parties claim title through a foreclosure proceeding and a mortgage given by John W. Jones and wife to plaintiff. From a judgment and decree for defendant, plaintiff appeals. As sustaining our position that the Salt Lake Valley Loan & Trust Co. took said premises through Stephens subject to the lien of the $6,000, we cite the following authorities : Weiner v. Heintz, 17 Ills. 259; Edgerton v. Young, 43 Ills.…
1Opinion of the Court
OPINION.
After stating the facts,
Miíte®,, J.,
delivers the opinion of the court.
It is urged by the respondent that in the Marshal’s deed to Stephens, and in his notice and certificate of sale no mention was made that the sale was had subject to the lien for the principal sum due upon the mortgage, as provided in the decree, and that the respondent took the property by its redemption free from the lien claimed to be reserved in the decree, and that the sale to Stephens without such reservation vested the title in the respondent *112as redemptioner. At the time the decree was entered the court found…
2Cases cited5 opinions
- Landsdale v. SmithSupreme Court of the United States · 1882
- Hughes & McCart v. FrisbyIllinois Supreme Court · 1876
- Whittaker v. GreenwoodUtah Supreme Court · 1898
- Bank of Napa v. GodfreyCalifornia Supreme Court · 1888
- McKinley-Lanning Loan & Trust Co. v. HamerNebraska Supreme Court · 1897
3Cited by6 opinions
- Depass v. ChittySupreme Court of Florida · 1925
- Bagnall v. Suburbia Land Co.Utah Supreme Court · 1978
- Tanner v. LawlerUtah Supreme Court · 1957
- Lincoln Joint Stock Land Bank v. WilliamsSupreme Court of Iowa · 1933
- Snyder v. MurdockUtah Supreme Court · 1899
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