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PRUDENTIAL FEDERAL SAVINGS AND LOAN ASS'N v. KING

No. 11316.

453 P.2d 697 (1969)

22 Utah 2d 379

PRUDENTIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation, Plaintiff and Appellant, v. Wells R. KING et al., Defendants, George W. Evans and Martha R. Evans, his wife, Defendants and Respondents.

Supreme Court of Utah.

April 18, 1969.

Attorney(s) appearing for the Case

Ray G. Martineau, Robert P. Baker, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for appellant.

John G. Marshall, Salt Lake City, for respondents.

CALLISTER, Justice.

Plaintiff commenced this action to foreclose as a mortgage the interests of the defendants under a uniform real estate contract. (Paragraph 16C provided that upon default, the seller may elect to declare the entire remaining balance owing thereunder at once due and payable, to treat said Contract as a note and mortgage, and to proceed immediately to foreclose the same.) The trial court issued a decree of foreclosure but declined to award the plaintiff...

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