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HORTON v. HORTON

No. 18712.

695 P.2d 102 (1984)

Dwaine C. HORTON, Plaintiff and Respondent, v. Virginia H. HORTON, Majestic Investment Company of Denver dba Majestic Mortgage Company and Granite Title Company, and Herbert Halliday, Defendants and Appellants, and All other persons, unknown claiming any right, title, estate, lien or interest in the real property described in plaintiff's complaint adverse to plaintiff's ownership, or any cloud upon plaintiff's title thereto, or interest therein.

Supreme Court of Utah.

December 4, 1984.

Attorney(s) appearing for the Case

Arthur H. Nielsen, Clark R. Nielsen, Salt Lake City, for Majestic Inv. Co.

Walter P. Faber, Salt Lake City, for Granite Title Co.

James R. Blakesley, Salt Lake City, for plaintiff and respondent.

HALL, Chief Justice:

Defendant Majestic Investment Company of Denver dba Majestic Mortgage Company (Majestic) appeals from a district court judgment setting aside a quitclaim deed from plaintiff Dwaine C. Horton to defendant Virginia Horton as void ab initio. Majestic also appeals a determination that plaintiff's interest in the subject property has priority over Majestic's interest. We affirm.

During their marriage, plaintiff Dwaine C. Horton and defendant...

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