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BESSEY v. TUTEN

No. 17318.

629 P.2d 423 (1981)

Larry T. BESSEY, Plaintiff and Respondent, v. David A. TUTEN and Dianne Tuten, his wife, Defendants and Appellants.

Supreme Court of Utah.

April 6, 1981.

Attorney(s) appearing for the Case

Ron Nehring, Salt Lake City, for defendants and appellants.

Edward T. Wells, Salt Lake City, for plaintiff and respondent.

PER CURIAM:

This is an appeal from a judgment of foreclosure of a real estate second mortgage for failure of the defendants to make payments as agreed to in a promissory note secured by the second mortgage. The judgment is affirmed with no costs awarded.

The defendants were several months in arrears on a superior first mortgage and also on the second mortgage, which latter is the basis for this litigation and the judgment. The note called for costs, expenses...

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