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JOLLEY v. CORRY

No. 17860.

671 P.2d 139 (1983)

Evan W. JOLLEY and Janine B. Jolley, Plaintiffs and Appellants, v. J. Preston CORRY and Romona L. Corry, his wife, Defendants and Respondents.

Supreme Court of Utah.

September 13, 1983.

Attorney(s) appearing for the Case

Hans Q. Chamberlain, Thomas M. Higbee, Cedar City, for plaintiffs and appellants.

Patrick H. Fenton, Cedar City, for defendants and respondents.

OAKS, Justice:

This suit to quiet title turns on the nature of the rights and duties of cotenants when one acquires the subject property at a sale under a trust deed. The facts are undisputed.

In 1974, Preston and Romona Corry, husband and wife, executed a trust deed to secure an $8,400 obligation to the Lockhart Finance Co. The trust deed covered a five-acre unimproved property on which the Corrys were the record owners as joint tenants. This deed was promptly...

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