Broom v. Armstrong - 137 U.S. 266 (1890)

U.S. Supreme Court

Broom v. Armstrong, 137 U.S. 266 (1890)

Broom v. Armstrong

No. 40

Argued October 30, 1890

Decided December 1, 1890

137 U.S. 266

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF UTAH

Syllabus

In Utah, an action under the statute (§ 3460 Compl.Laws Utah, 1888) to foreclose a chattel mortgage, if commenced while the lien of the mortgage is good as against creditors and purchasers, keeps it alive and continues it until the decree and sale perfect the plaintiff's rights and pass title to the purchaser.

Under § 3206 of the Compiled Laws of Utah, the rule of lis pendens applies to an action to foreclose a mortgage of personal property.