[DOWNLOAD] "Elaine Crofts v. W. Glenn Johnson" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Elaine Crofts v. W. Glenn Johnson
• Author : Supreme Court Of Utah
• Release Date : January 18, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

CROCKETT, Justice. The plaintiff, Elaine Crofts, sued W. Glenn Johnson to quiet title to a home located in Kanab which she
claimed under an auditor's tax deed. The trial court ruled that inasmuch as the tax payment for the auditor's deed was made
by a mortgagee, any interest so acquired was held in constructive trust for Johnson, the mortgagor and legal titleholder,
and entered judgment requiring conveyance of title to Johnson upon reimbursement to plaintiff for the amount paid for the
tax deed plus interest. Affirmed. Costs to respondent. Johnson had mortgaged the property in 1946. Taxes for the years 1947, 1948, 1949 and 1950 went unpaid, and Johnson likewise
was in default on payments on the mortgage. October 27, 1950, plaintiff's father, William J. Mackelprang, purchased the mortgage
from the bank, taking an assignment thereof. He made abortive attempts to foreclose the mortgage but did not obtain service
upon Johnson. In December, 1950, after removing tenants who were in possession under contract with Johnson, plaintiff Elaine
Crofts who had succeeded to the interest of her father, moved into the property, where she has resided since. At the May sale
in 1952, which was based upon the expiration of the period of redemption for delinquent 1947 taxes, Mr. Mackelprang bid in
the property for $262.45 accrued taxes, penalties, interest and costs for the years 1947 through 1951.

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