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WASH. NAT. INS. v. SHERWOOD ASSOC.

No. 890502-CA.

795 P.2d 665 (1990)

WASHINGTON NATIONAL INSURANCE COMPANY, an Illinois corporation, Plaintiff and Appellee, v. SHERWOOD ASSOCIATES, a Utah limited partnership; The Ridge Athletic Club, Inc., a Utah corporation; Darrell D. Tanner, individually, and as Trustee of the Tanner Family Trust; Jason Tanner, an individual; Tracy A. Tanner McDonald, an individual; Linley A. Tanner, an individual; Bradley H. Tanner, an individual, et al., Defendants and Appellants.

Court of Appeals of Utah.

June 19, 1990.

Attorney(s) appearing for the Case

Jackson Howard and Leslie Slaugh, Provo, for defendants and appellants.

Clark W. Sessions and Cynthia K. Cassell, Salt Lake City, for plaintiff and appellee.

Before BILLINGS, GARFF and GREENWOOD, JJ.

OPINION

BILLINGS, Judge:

Darrell Tanner and The Ridge Athletic Club1 (hereinafter collectively referred to as "Tanner") appeal from a partial summary judgment and decree of foreclosure entered in favor of Washington National Insurance Company ("Washington"). We reverse and remand.

In December of 1979, Sherwood Associates ("Sherwood") executed a $1.2 million note in favor of Bettilyon Mortgage Loan Company ("Bettilyon...

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