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WALKER BANK & TRUST COMPANY v. NEILSON

Nos. 12235, 12348.

490 P.2d 328 (1971)

26 Utah 2d 383

WALKER BANK & TRUST COMPANY, a Utah banking corporation, Plaintiff and Appellant, v. A.P. NEILSON and Lillie Neilson, his wife, et al., Defendants and Respondents.

Supreme Court of Utah.

November 4, 1971.

Attorney(s) appearing for the Case

Jones, Waldo, Holbrook & McDonough, H.R. Waldo, Jr. and Roger J. McDonough, Salt Lake City, for plaintiff and appellant.

James P. Cowley, Salt Lake City, for Wallers and Lewises.

Fred F. Dremann, Salt Lake City, for Industrial Comm.

Ronald C. Barker, Salt Lake City, for Herta K. Dennett.

C. Nelson Day, U.S. Atty., Salt Lake City, for defendant and respondent.

ELLETT, Justice:

On or about April 18, 1966, Herta K. Dennett, the record owner of certain real property, transferred it by special warranty deed to one A.P. Neilson. Respondent, John Elwood Dennett, husband of Herta K. Dennett, on the same day gave a quitclaim deed to A.P. Neilson. A.P. Neilson and his wife on the same day signed a promissory note to the plaintiff in the amount of $85,000 and secured the same by execution of a trust deed on the realty in question...

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