Salt Lake Herald | 1895-02-24 | Page 5 | Rogers Vs. Donnellan

Rogers v t Dotmellan Alexander Rogers vs John W Don nellan appellant I Judgment of the lower Court affirmed af-firmed Opinion delivered by the chief justice King concurring Associate Justices Smith and I The plaintiff alleged that on September Sep-tember 14 1892 he was the equItable owner of an undivided onethird interest inter-est In certain land and premises the I title to which was held by Edward A Kessler and E D loge that they gave a trust deed upon the undivided whole to defendant as trustee to receive re-ceive GOO note in favor of one D D Mallory and that no exception or reference I re-ference wab made in the Instrument in plaintiffs equitable interest that Mallory had full and actual notice of such interest when the note and trust deed were executed that default had been made in the payment of interest on the note and defendant as trustee trus-tee was advertising the entire property pro-perty for sale that by a sale plaintiff would lose his interest in the same Hence Rogers asked to have quieted his title to an undivided interest Defendant denied all the allegations except as to the execution of the note I and trust deed The case was tried before the court without a jury and resulted in jUdgment judg-ment for Ihe plaintiff The appeal was from the order denying a new trial