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POWELL v. BASTIAN

No. 13939.

541 P.2d 1127 (1975)

Cleo R. POWELL, Plaintiff and Appellant, v. Dick E. BASTIAN et al., Defendants and Respondents.

Supreme Court of Utah.

October 28, 1975.

Attorney(s) appearing for the Case

Justin C. Stewart, Salt Lake City, for plaintiff and appellant.

Dallas H. Young, Jr., Ivie & Young, Provo, for Bastian.

S. Rex Lewis, Howard, Lewis & Peterson, Provo, for Prudential.

Glen J. Ellis, Maxfield, Gammon, Ellis & McGuire, Provo, for Sharp.

ELLETT, Justice:

Mrs. Powell owned a home on which there were two mortgages. There were also a judgment lien and a warrant for delinquent taxes due to the State of Utah. In all, the place was encumbered in an amount of approximately $13,000. The holder of the second mortgage threatened to foreclose because payments thereon were delinquent. Mrs. Powell tried to borrow money from Mr. Bastian, who understandably refused to make a loan. He did offer to purchase the property...

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