FEDERAL BUILDING AND LOAN ASSOIATION v. TIDWELL

No. 11168.

446 P.2d 311 (1968)

21 Utah 2d 411

FEDERAL BUILDING AND LOAN ASSOCIATION, a corporation of Utah, Plaintiff and Appellant, v. Bert E. TIDWELL and Barbara Beth Tidwell, his wife, Frank Lewis, Claron Bailey, dba Claron Bailey Dry Wall, Utah Sand And Gravel Company, a Utah corporation, and R. Blaine Hicks, dba Hicks Electric Company, Defendants and Respondents.

Supreme Court of Utah.

October 25, 1968.


Attorney(s) appearing for the Case

Lewis S. Livingston, F. Burton Howard, Salt Lake City, for appellant.

Homer F. Wilkinson, Salt Lake City, for respondents.


HENRIOD, Justice:

Appeal from a summary judgment in a case where plaintiff, mortgagee, sued to foreclose, joining Bailey as a defendant, to wash him out as a materialman who claimed a priority as such over a recorded mortgage.

The trial court said Bailey had a priority. We disagree and reverse. Costs to Federal.

On July 5, 1966, the mortgagors Tidwell, defendants, were parties to a conventional loan to them, agreed to by Federal. The mortgage was recorded...

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