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FARM BUREAU FIN. CO., INC. v. CARNEY

No. 12727.

605 P.2d 509 (1980)

100 Idaho 745

FARM BUREAU FINANCE COMPANY, INC., a corporation, Plaintiff-Appellant, v. Brent L. CARNEY and Debbie K. Carney, husband and wife; Idaho Title & Trust Company, and Utah Mortgage Loan Corporation, Defendants-Respondents.

Supreme Court of Idaho.

January 21, 1980.

Attorney(s) appearing for the Case

Kenneth E. Lyon, Jr., Pocatello, for plaintiff-appellant.

Thomas R. Linville of Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for defendants-respondents.

BAKES, Justice.

This case involves the relative priorities of competing encumbrances on a particular piece of property. The following sequence of events transpired. Sam and Jolene Hendricks, the original owners, executed two deeds of trust on the property as security for loans. The first was executed to Mortgage Insurance Corporation (MIC); the second was to plaintiff appellant Farm Bureau Finance Company (Farm Bureau). Both were recorded, in the order of their execution...

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