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BUTTARS v. UTAH MORTGAGE LOAN CORPORATION

Nos. 2145, 2146.

116 F.2d 622 (1940)

BUTTARS v. UTAH MORTGAGE LOAN CORPORATION. UTAH MORTGAGE LOAN CORPORATION v. BUTTARS.

Circuit Court of Appeals, Tenth Circuit.

December 27, 1940.

Attorney(s) appearing for the Case

J. D. Skeen, of Salt Lake City, Utah (E. J. Skeen, of Salt Lake City, Utah, on the brief), for appellant and cross-appellee.

O. W. Moyle, Jr., of Salt Lake City, Utah (George D. Preston, of Logan, Utah, and Dan T. Moyle, of Salt Lake City, Utah, on the brief), for appellee and cross-appellant.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

On August 4, 1938, the Utah Mortgage Loan Corporation, herein called the petitioner, filed a mortgage foreclosure proceeding against Thomas J. Buttars, Sr., herein called the debtor, in the proper state court in Utah, seeking foreclosure of a mortgage on certain real estate. Judgment was entered December 24, 1938, sale of the property was made by the sheriff and petitioner in due course of time would have been entitled to a deed. All except...

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