THOMAS, Justice.
This action was brought to quiet title to three platted lots in Uinta County based upon a claim of a constructive trust imposed upon the lots. The essential question to be resolved is whether a mortgagee of real property can rely exclusively upon the record title to sustain a summary judgment in his favor or whether a genuine issue of material fact is presented by the presence of an affidavit in the record which asserts actual knowledge of the trust...
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