The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-12-21
SUPREME COURT
ON MORTGAGES
High Tribunal Renders Decision on
Procedure in Foreclosure.
MINE PROPERTY INVOLVED
W. r. PIKE WINS SUIT IN COPPER
GLOBE CASE.

In an opinion handed down by the
supreme court yesterday, it is held
that "a mortgage given in one county
on property located in another may be
fOreclosed In the courts Of the county
where il was given. provided the mort
gage does not avail himself OF hls
right to demand that the proceedings
be brought in the county where the
property lies.
The opinion was rendered la the case
of G.. Beldin Snyder against ". L.
Pike. and is d definite ruling on a point
that has been before the court in DIFF
ferent phases many times. The history
of the case is interesting of itself,
The Copper Globe VI ming company,
owning claims ia Emery county, gave
w r. Pike Of Provo, Utah county, q
mortgage upon the claims TO secure
debt of S2,O00 Sept 20 1899. William
A. Phillips and John II. Childs secured
a judgment for $500 against the COM
pany in Emery county Oct. 10. 1900.
The claims were LEVIED upon under an
execution i'm December, 1900, and sold
by the sheriff OF Emery county, FeO.
4. 1901. Phillips and Childs bought IN
the property and received the sheriff
certificate OF sale OF the claims.
Judgment is Rendered.
Pike brought suit against The con-
pany Phillips and Childs and j. r.
Wren 4 Cos. another judgment cred
itor of the company, TO foreclose his
mortgage. j. r. Wren & Co. consented
90 judgment by default being taken
against it. and Phillips and Chlds en-
tered no appearance in the case. Their
default was entered and the district
court in Utah county rendered a de-
cree of foreclosure and sale 20 pay
OH b.. sold
by the sheriff of Emery county, in pur-
suance IF this order. and his certificate
OF sale was given to Pike. the purchas-
er OF the claims.
Chnds and Phillips conveyed the
claims by quit-claim deed 10 Snyder,
Nov 16 1901 SNYDER delivered To the
sheriff Nov. T. 1902. d bank certificate
Of deposit Tor S3.50433 on the Provo
Commercial & Savings bank, and also
made proof 10 the sheriff that he was
Il redemptioner and had the right to
redeem The sheriff accented the GER
tifcate Of deposit and gave Snyder
certificate OF redemption The last day
an which redemption could be had was
Nov. H. 1902. \ day OF two after that
Pike. i'm pursuance of the certificate OF
sale held by him, demanded Of the
sheriff the money or a sherlp's deco
10 the claims. Pike refused 10 accept
the certificate of deposit on the ground
that 1t was not legal tender and de
manded the sheriff's deed. The sheriff
gave pike the deed and returned the
certificate Of deposit 20 Snyder.
Certificate Not Legal Tender.
Snyder brought suit iu Emery coun-
". Oct. > 1908, to quiet his little to the
claims. The court held that the tender
of the bank certificate of deposit was
not tender of payment i'm lawful
money and, therefore, not a redemp-
ton of the property and further held
that the court in Utah county was
without jurisdiction 20 foreclOse the
mortgage because the claims were in
Emery county and that the foreclosure
proceedings We're void. The Emery
county court adiudged Snyder TO be
the owner of the claims, subject to
Pixies mortgage lien. Pike appealed 10
the supreme court from that portion
of the judgment holding that the Utah
county court was without Jurisdiction
and that Snyder was the owner of the
property.
Decision of Supreme Court.
The opinion of the supreme court is
written by Justice McCarty. Chief
Justice Bartch and District Judge c.
w. Morse. who sat in place Of Justice
Straup. concur.
The supreme court does not say that
the trial court erred in holding that the
tender of the bank certificate of de-
p0sit was a tender of lawful money.
tuJ on the question Of jurisdiction Of
yhe Utah county court the court cites
section 1888 of the Revised Statutes
\ Then i'm force but since repealed, which
provided that a case not brought in
the proper county may be tried in the
county where il is brought unless the
defendant demands i'm writing that the
trial be had IN the proper county, The
records show that no such demand was
made ia the case.
The judgmen, Of the trial court is re-
versed, with instructions 10 set aside
that part Of its decree which holds that
the Utah county court was without
jurisdiction, and quietng the title OF
the claims i'm Snyder and to enter judy
rnent iu favor If Pike. who thus be-
comes the owner % the claims