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DOWNEY STATE BANK v. MAJOR-BLAKENEY CORPORATION

No. 14031.

545 P.2d 507 (1976)

DOWNEY STATE BANK, Plaintiff and Respondent, v. MAJOR-BLAKENEY CORPORATION, a corporation, Joseph L. Krofcheck, Defendants and Appellant, Franklin D. Richards and Company, and Richard W. Ringwood, Intervenors.

Supreme Court of Utah.

January 26, 1976.

Attorney(s) appearing for the Case

Don R. Strong, Springville, for Krofcheck.

Grant Macfarlane, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for Richards.

Nick J. Colessides and Carl J. Nemelka of Nemelka & Colessides, Salt Lake City, for Ringwood.

Scott H. Clark and George D. Melling, Fabian & Clendenin, Salt Lake City, for plaintiff and respondent.

CROCKETT, Justice:

Defendant Dr. Joseph L. Krofcheck, a California resident, appeals attacking the trial court's refusal to grant his motion to set aside a default foreclosure on two mortgages covering lands in Summit County. He contends: (1) that the court did not acquire jurisdiction because (a) the plaintiff's affidavit was insufficient to justify an order to publish summons1; and (b) that no diligent search and inquiry was in fact...

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