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DIRKS v. CORNWELL

No. 860374-CA.

754 P.2d 946 (1988)

Darwin DIRKS and Jacquelyn Dirks, Plaintiffs and Respondents, v. Paul S. CORNWELL, Catherine L. Cornwell, Wilford W. Goodwill, Dorothy P. Goodwill, Clearfield State Bank, Small Business Administration, Western Bonded Collections, Stewart Title Company of Ogden, and Ogden First Federal Savings and Loan Association and all other persons unknown claiming any right, title, estate, lien, or interest in the real property described in plaintiff's ownership or any cloud upon plaintiff's title thereto, Defendants and Appellants.

Court of Appeals of Utah.

April 25, 1988.

Attorney(s) appearing for the Case

Earl S. Spafford, Lynn S. Spafford (argued), Spafford, Dibb, Duffin & Jensen, Salt Lake City, for defendants and appellants.

Frank S. Warner, Douglas J. Holmes (argued), Ogden, for plaintiffs and respondents.

Before BILLINGS, GARFF and ORME, JJ.

OPINION

GARFF, Judge:

Defendant/appellant Goodwill requests reversal of an adverse summary judgment in a quiet title action and an order vacating the prior sale of the property in question.

On June 10, 1977, Alma and Wanda Butler purchased real property located in Roy, Utah. On May 15, 1978, the Butlers sold this property to Paul S. and Catherine L. Cornwell under a uniform real estate contract. The Cornwells recorded the contract on May 16, 1978...

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