KEMP v. ZIONS FIRST NATIONAL BANK

No. 11671.

470 P.2d 390 (1970)

24 Utah 2d 288

LaVell KEMP and Thelma Alice Kemp, his wife, Third-Party Plaintiffs and Appellants, v. ZIONS FIRST NATIONAL BANK, Defendant and Respondent.

Supreme Court of Utah.

June 4, 1970.


Attorney(s) appearing for the Case

Everett E. Dahl, Midvale, for appellants.

Brant H. Wall, Salt Lake City, for respondent.


CROCKETT, Chief Justice:

This is a suit in equity over which takes precedence: a prior in time, but later recorded, purchase money mortgage, asserted by the plaintiffs Kemp, or a later in time, but prior recorded trust deed (mortgage) asserted by the defendant Zions First National Bank. The trial was to the court with a jury. The pivotal issue as it is presented by the parties in this appeal centers upon the jury's answers to two questions as to whether the defendant...

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