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PEAY v. B & N INCORPORATED

No. 11715.

465 P.2d 1018 (1970)

24 Utah 2d 86

Ellis Y. PEAY and Geneal A. Peay, his wife, Plaintiffs and Appellants, v. B & N INCORPORATED, a Utah corporation; C.E. Slavens and Genela Slavens; Prudential Federal Savings & Loan Association, a corporation; C.H. Dickson Corporation, a corporation; and Slavens Homes, Inc., a corporation, et al., Defendants and Respondents.

Supreme Court of Utah.

February 26, 1970.

Attorney(s) appearing for the Case

Walter E. Ellett, of Dansie, Ellett & Hammell, Murray, for plaintiffs and appellants.

Harry Pugsley, of Pugsley, Hayes, Watkiss, Campbell & Cowley, Boyden, Tibbals, & Staten, Salt Lake City, for defendants and respondents.

HENRIOD, Justice.

Appeal from a judgment holding that Prudential had a superior first mortgage on property subject of this litigation, and foreclosable as such. The judgment is affirmed, with costs to respondents.

Under familiar rules of appellate review favoring the facts substantially supporting the judgment, such facts which are pertinent fairly may be abstracted as follows:

On June 29, 1962, Peays conveyed...

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