Deseret Evening News | 1901-05-01 | Page 2 | Supreme Court Opinions

SUPREME COURT co OPINIONS A 1 per opinion of o Mi iii Supreme p mo court handed down today s s time the Judgment ju of ot Judge rr In iii time the Fourth district court in iii Aug 1853 1803 In tho timo case of at time the Irrigation t n company et al vs s t 11 The Iho trial court entered a mu decree M de H by y which the water rights of thi r IU parties plaintiffs und and wt determined to the time fraction ofa tt cubic foot oot per pel second The Time a majority of the time defendant were er satis atiS satisfied sats fled fied tl with the findings of 0 the thc court c rt but ut the time remainder appealed The lime ho appellate nI court IB is of ot th that notwithstanding the timo dif bill of If exceptions there l Is ample evidence nc In tim Inthe Inthe the time record to support the time decree decre erro error and therefore fluids finds no reversible r OPINION MODIFIED Another opinion b anti and concurred In imm by L Justice aunt Judge Judg c C C nue i modifies an un opinion by time the court on omi 01 January 13 Ir the th ruling or of JUdge lilies Bites on aim I October 20 O 1899 1810 In the hut c a iu IVI o of at o Annie Marks vs VI r Thomas K FL and amid Eunice L Taylor u I or appellants A mortgage was by hy appel appet appellants hunts lants to tn secure n a n note and was vaa foreclosed the time nt pur purchasing chasing and the time she ri ut d a deed to her It I WAS ws mas l that n cm 1 valuable part of ot th tho nal estate had hll not lo been Included In hc the Ihl rs tion ton of ot the mortgage as ni and this was begun Ile tn to ti I lImo mortgage decree sheriffs deed d M edimo no o tB ns to Include tim th 01 0 o th erroneously ly omitted Th relief won was granted H The ho higher court holds baltic that list nn affirm affirmation would Invest DIP respondent t with title to property which was ns nether neither oi 01 domed t sold soll or sold Holl by the time t her While It Is 19 true that she chic thought UK time property Intended to be II mortgaged was as the time ty offered fur cr salt sal there Is no evidence that other oilier bidders had hiatt the thu name came and It I Is Improbable Improbable improbable able that had this timis boon been the time case cle a high higher er em bid bil than respondents might immure have ha been made mado by I some other pirson That Thai part of ot time the decree uhl h reforms tle decree decre of ot foreclosure aunt a 11 time the sheriffs deed deell Is erroneous and anc a dree tore the tho mortgage as reformed should have been made Instead of time tho decree tho time foreclosure of tho time mortgage deed as ns executed and the time sheriffs sheriff 8