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116 Utah 165

209 P.2d 206

Whiteley v. De Vries

Utah Supreme Court

Decided August 24, 1949

Utah Supreme Court · decided 1949-08-24

Decided 1949-08-24

WOLFE, Justice

¶1 (concurring).

¶2 I concur. Even if the “deed” dated July 31, 1947, was considered to have conveyed the property conditioned in nonpayment of the $600,1 am inclined to the view that in equity the mortgages would not be considered as merged, on the principle that when it is required that a mortgage be not considered as merged in the title of the mortgagee, equity will, to serve the purposes of equity,” treat the mortgage as still in existence.

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