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EQUITABLE LIFE ASSURANCE SOC. OF U.S. v. WALKENHORST

No. 10849.

20 Utah 2d 124 (1967)

434 P.2d 304

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, A CORPORATION, PLAINTIFF AND RESPONDENT, v. ALVIN R. WALKENHORST AND JOYCE WALKENHORST, HIS WIFE, DEFENDANTS AND APPELLANTS, RYDER TRUCK RENTAL, INC., A CORPORATION, UTAH INDUSTRIAL COMMISSION AND UTAH STATE TAX COMMISSION, DEFENDANTS.

Supreme Court of Utah.

November 17, 1967.

Attorney(s) appearing for the Case

Robert W. Hughes, Salt Lake City, for appellants.

Bayle, Hurd & Lauchnor, Wallace D. Hurd, Salt Lake City, for respondent.

ELLETT, Justice:

The plaintiff sued to reduce a note to judgment and to foreclose the mortgage securing the debt. The trial court granted summary judgment to plaintiff, and the Walkenhorsts prosecute this appeal.

The factual background is in substance as follows:

Alvin R. Walkenhorst made application to plaintiff to borrow $11,600. To secure the loan, he and his wife gave a mortgage on their home; and as further security, he took an insurance policy...

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