KARTCHNER v. STATE TAX COMMISSION

No. 8398.

4 Utah 2d 382 (1956)

294 P.2d 790

JACK PORTER KARTCHNER, PLAINTIFF AND APPELLANT, v. STATE TAX COMMISSION OF UTAH, CHARLES S. WYATT AND ALICE D. WYATT, HIS WIFE, WILLIAM L. BENNETT AND UNITED STATES OF AMERICA, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

March 19, 1956.


Attorney(s) appearing for the Case

David H. Bybee, Salt Lake City, for appellant.

Barclay & Barclay, Llewellyn O. Thomas, Salt Lake City, for respondents.


HENRIOD, Justice.

Appeal from the dismissal of a quiet title action where the trial court held that one Bennett, judgment creditor of appellant Kartchner's grantor, one Wyatt, had a lien superior to the title of Kartchner, whose deed predated the judgment, but which was recorded thereafter. Reversed with costs to appellant.

This situation has received different treatment by courts under varying recording acts. Most courts which have construed statutes similar...

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