BAKER v. TAGGART

No. 16857.

628 P.2d 1283 (1981)

Wayne B. BAKER, Plaintiff and Appellant, v. Charles W. TAGGART, a single man, H.B. Wade and Edna Wade, his wife, Valley Bank & Trust Company, and Commercial Security Bank, Defendants and Respondents.

Supreme Court of Utah.

April 13, 1981.


Attorney(s) appearing for the Case

Dennis K. Poole, Salt Lake City, for plaintiff and appellant.

Ricardo B. Ferrari, W. Jeffery Fillmore, Salt Lake City, Commercial Security Bank, Ogden, for defendants and respondents.


HOWE, Justice:

The plaintiff, Wayne B. Baker, appeals from the trial court's judgment that he has no claim or interest in a house and real property located at 234-7th Avenue, Salt Lake City. Plaintiff had alleged that the conveyance of the property by the defendant Charles W. Taggart to the co-defendants H.B. Wade and Edna Wade was in the nature of an equitable mortgage and not a sale, and that the property was therefore an asset which plaintiff could reach to satisfy...

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