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STUMPH v. CHURCH

No. 860084-CA.

740 P.2d 820 (1987)

Fletcher L. STUMPH and, Paulette Stumph, Plaintiffs and Appellants, v. Dennis G. CHURCH, Douglas W. Church Jay E. Lewis, Rocky Mountain Title & Abstract Company, individually and a corporation, Dick E. Bastian, Gary Cuff, Broker for Bastian Real Estate & Development Co., Gate City Mortgage Company, a North Dakota corporation, Gate City Savings & Loan Association, a North Dakota corporation, Rhonda C. Church, Karalee O. Church Pamela K. Lewis, and Safeco Title Insurance Company, Defendants and Respondents.

Court of Appeals of Utah.

August 5, 1987.

Attorney(s) appearing for the Case

Thomas S. Taylor, Christensen, Taylor & Moody, Provo, for plaintiffs and appellants.

Frederic Jackman, Orem, for defendants and respondents.

Walter P. Faber, Jr., Salt Lake City, for defendant and respondent — Gate City Mtg. Co.

Before BENCH, GREENWOOD and ORME, JJ.

OPINION

GREENWOOD, Judge:

Plaintiffs appeal from a judgment that defendant Gate City Mortgage Company (Gate City) had priority over plaintiffs' interest in certain real property.

In July, 1979 plaintiffs purchased two houses from defendants, Dennis G. Church and Douglas W. Church. The purchase was subject to a lien by Deseret Federal Savings and Loan (Deseret Federal), of which plaintiffs had knowledge. The transaction was documented by warranty...

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