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WESTERN MORTGAGE L. CORP. v. COTTONWOOD CONST. CO.

No. 10516.

18 Utah 2d 409 (1967)

424 P.2d 437

WESTERN MORTGAGE LOAN CORPORATION, A CORPORATION, PLAINTIFF AND RESPONDENT, v. COTTONWOOD CONSTRUCTION COMPANY, A CORPORATION ET AL., DEFENDANTS, OSCAR E. CHYTRAUS COMPANY, INC., A CORPORATION, GIBBONS & REED CONCRETE PRODUCTS COMPANY, A CORPORATION, RICHARD P. GARRICK, BOISE CASCADE CORPORATION, A CORPORATION, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

February 27, 1967.

Attorney(s) appearing for the Case

VanCott, Bagley, Cornwall & McCarthy, Fabian & Clendenin, Cannon, Duffin & Pace, Mark & Schoenhals, Neslen & Mock, Salt Lake City, for appellants.

Halliday & Halliday, Backman, Backman & Clark, Ray Quinney & Nebeker, Salt Lake City, for respondent.

TUCKETT, Justice.

This case is now before the court on an interlocutory appeal. It involves the relative priorities of mechanics lienors' and a construction mortgage which the plaintiff and respondent seeks to foreclose on lot 10, Lazy Bar Subdivision of Salt Lake County.

The district court made certain rulings of which the following two are the subject of this appeal:

1. That the documents evidencing the mortgage transaction between the plaintiff...

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