Utah Supreme Court June 15, 1880 (Dickert v. Weise)

Foreman, J.,

delivered the opinion of the court:

This is an action on note and mortgage for foreclosure; plaintiff alleging possession in the defendant at the giving of the mortgage.

Appellant (defendant below) answered, setting up that he bought the land of the plaintiff, paid for it in part, and after-wards gave the mortgage for the residue of the purchase money.