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BENNION v. AMOSS

No. 12716.

500 P.2d 512 (1972)

28 Utah 2d 216

Don Weiler BENNION, Executor of the Estate of Heber Bennion, Jr., et al., Plaintiffs and Respondents, v. Dudley M. AMOSS and Diana M. Amoss, his wife, Defendants and Appellants.

Supreme Court of Utah.

August 14, 1972.

Attorney(s) appearing for the Case

D.M. Amoss, Salt Lake City, for defendants-appellants.

Arthur H. Nielsen and David S. Cook, of Nielsen, Conder, Hansen & Henriod, Salt Lake City, for plaintiffs-respondents.

CROFT, District Judge:

This is an appeal from a summary judgment entered in favor of plaintiffs and against the defendants. We affirm.

Plaintiffs filed this action seeking a judgment upon a promissory note in the sum of $123,028.33, together with interest, and to foreclose a mortgage upon real property located in Daggett County, Utah, given to secure the payment on that note. The defendants filed an answer and counterclaim...

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