Bennion v. Amoss

2 Citing cases

  1. 1ST NAT. CREDIT CORP. v. VON HAKE

    511 F. Supp. 634 (D. Utah 1981)   Cited 10 times
    Commenting on the semantic differences between in rem and quasi-in-rem labels and holding that the Utah statutory action to quiet title is an action in rem, or quasi in rem

    Redemption by the judgment debtor effectively terminates the sale and he is restored to his estate. Tanner v. Lawler, supra, 6 Utah 2d at 89, 305 P.2d at 885, Bennion v. Amoss, 530 P.2d 810 (Utah 1975). The redemption right does not directly invoke any additional judicial action in aid of the parties; it operates directly under statutory procedure.

  2. Brockbank v. Brockbank

    2001 UT App. 251 (Utah Ct. App. 2001)   Cited 7 times

    ΒΆ 16 The undisputed facts also establish a waiver of Penny's claim of a fraudulent transfer because she accepted the redemption price and applied it to James's debt. In Bennion v. Amoss, 530 P.2d 810 (Utah 1975), the Utah Supreme Court stated: "Persons interested in a judicial sale or the property sold may by disclaimer waive defects in such sale, even as to its fraudulent character, and thereby estop themselves from later challenging its validity.