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MARTIN v. KEARL

No. 950743-CA.

917 P.2d 91 (1996)

Micah MARTIN and Rachelle Martin, Plaintiffs and Appellees, v. Clayton F. KEARL, Nita R. Kearl, and John Does 1-5, Defendants and Appellants.

Court of Appeals of Utah.

May 9, 1996.

Attorney(s) appearing for the Case

Charles A. Schultz, Salt Lake City, for Appellants.

Daniel W. Anderson and Craig T. Jacobsen, Salt Lake City, for Appellees.

Before ORME, DAVIS and JACKSON, JJ.

OPINION

JACKSON, Judge:

Clayton and Nita Kearl challenge the trial court's ruling for Western Mortgage and Realty Company (Western)1 on Western's motion for summary judgment. We reverse.

FACTS

The Kearls owned a parcel of land at 965 East New Hope Drive in Draper. In 1980, to secure a loan by Utah Firstbank (bank), they gave the bank a deed of trust encumbering the parcel. However, the property description on...

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