CLAWSON v. MOESSER

No. 13653.

535 P.2d 77 (1975)

James G. CLAWSON et al., Plaintiffs and Respondents, v. Bruce L. MOESSER and Ruth Ann Moesser, husband and wife, Defendants and Appellants.

Supreme Court of Utah.

May 2, 1975.


Attorney(s) appearing for the Case

Kay M. Lewis, Michael J. Barrett, Jensen & Lewis, Salt Lake City, for defendants and appellants.

Ken Chamberlain, Olsen & Chamberlain, Richfield, for plaintiffs and respondents.


ELLETT, Justice:

The Moessers appeal from an adverse summary judgment holding that respondents, hereafter referred to as Clawson, had a superior title to certain real estate.

The facts are a bit complex but not in dispute.

Spaulding and Mid-Continent Construction Company entered into a trust deed agreement with Walker Bank & Trust Company on September 8, 1966, wherein Walker Bank was beneficiary. Thereafter Clawson obtained a judgment against Spaulding...

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