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CONNECTICUT GEN. LIFE INS. CO. v. DREDGE

No. 82-2388.

746 F.2d 1420 (1984)

CONNECTICUT GENERAL LIFE INSURANCE COMPANY, Plaintiff, Appellee, v. Calvin C. DREDGE and Alicia A. Dredge, Defendants, Cross-Claimants, Counter-claimants, Appellants, v. WELLS FARGO BANK, N.A., Defendant, Cross-Defendant, Appellee.

United States Court of Appeals, Tenth Circuit.

October 25, 1984.

Attorney(s) appearing for the Case

William D. Olson of Racine, Olson, Nye & Cooper, Pocatello, Idaho (Theodore Boyer, Jr., of Clyde, Pratt, Gibbs & Cahoon, Salt Lake City, Utah, with him on the brief), for appellants.

Stephen G. Crockett of Rooker, Larsen, Kimball & Parr, Salt Lake City, Utah (Robert B. Lochhead and Thomas B. Green, Salt Lake City, Utah, with him on the brief), for appellee Connecticut General Life Ins. Co.

Richard H. Nebeker of Greene, Callister & Nebeker, Salt Lake City, Utah (Richard K. Nebeker, Salt Lake City, Utah, with him on the brief), for appellee Wells Fargo Bank, N.A.

Before HOLLOWAY, Chief Judge, and SETH and LOGAN, Circuit Judges.

SETH, Circuit Judge.

This appeal arose from a foreclosure action brought by Connecticut General Life Insurance Company in the Bankruptcy Court for the District of Utah. Connecticut General claimed a first mortgage on a farm and appellee Wells Fargo Bank claimed a second mortgage. The bankruptcy court reordered the priorities under the doctrine of equitable subrogation and gave first priority to the mortgage of the original owners, the Dredges, but permitted Connecticut...

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