DOWNEY STATE BANK v. MAJOR-BLAKENEY CORP.

No. 14546.

556 P.2d 1273 (1976)

DOWNEY STATE BANK, Plaintiff and Respondent, v. MAJOR-BLAKENEY CORP. and Joseph L. Krofcheck, et al., Defendants and Appellants, Franklin D. Richards and Co. and Richard W. Ringwood, Intervenors.

Supreme Court of Utah.

November 26, 1976.


Attorney(s) appearing for the Case

Don R. Strong, Springville, for defendants and appellants.

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

Nick J. Collessides, Salt Lake City, for intervenors.


ELLETT, Justice:

On March 4, 1974, the court below entered a default judgment against appellant, successor-in-interest to certain real property secured by mortgages, and awarded costs and reasonable attorney fees to respondent. Subsequently, on April 9, 1974, appellant's real property was sold at a public auction. Appellant then filed a motion on October 4, 1974, in the lower court to set aside the default and vacate the foreclosure decree and sale. That motion was...

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