BENNION INS. CO. v. 1ST OK CORP.

Nos. 14848, 14849.

571 P.2d 1339 (1977)

BENNION INSURANCE COMPANY, a Utah Corporation, Plaintiff and Appellant, v. 1ST OK CORPORATION, a Utah Corporation, Morris H. Curtis, and Sadie P. Curtis, his wife, Shell Oil Co., a corporation and Sevier County, Defendants and Respondents. Milton D. HENDRICKSON, Plaintiff and Appellant, v. 1ST OK CORPORATION, a Utah Corporation, Morris H. Curtis, and Sadie P. Curtis, his wife, and Utah Title and Abstract Company, a Utah Corporation, Defendants and Respondents.

Supreme Court of Utah.

November 8, 1977.


Attorney(s) appearing for the Case

Grant M. Prisbrey, Salt Lake City, for plaintiffs and appellants.

John H. Allen, Salt Lake City, Tex R. Olsen of Olsen & Chamberlain, Richfield, for defendants and respondents.


WILKINS, Justice:

Two actions of foreclosure of mortgages are consolidated here as the material facts and law are applicable to both cases. Summary judgment was granted to the Defendants Curtis in each case by the District Court for the County of Sevier on the ground that the deed on which plaintiffs' mortgagor, 1st OK Corporation, depended for title was void ab initio. Plaintiffs appeal, and only Defendants Curtis responded herein.

Plaintiffs in each case...

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