[DOWNLOAD] "Downey State Bank v. Major-Blakeney" by Supreme Court Of Utah * eBook PDF Kindle ePub Free

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eBook details

• Title: Downey State Bank v. Major-Blakeney
• Author : Supreme Court Of Utah
• Release Date : January 26, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Defendant Dr. Joseph L. Krofcheck, a California resident, appeals attacking the trial courts refusal to grant his motion to set aside a default foreclosure on two mortgages covering lands in Summit County. He contends: (1) that the court did not acquire jurisdiction because (a) the plaintiffs affidavit was insufficient to justify an order to publish summons ; and (b) that no diligent search and inquiry was in fact made; (2) that the summons as published was defective, and (3) that the motion should have been granted on equitable grounds. The land in question, part of the Park City West ski development, was purchased in 1967 by Major-Blakeney Corporation, a California corporation. It executed two mortgages as security for payment of the purchase price. They were later assigned to the plaintiff, Downey State Bank, of Downey, Idaho. The mortgages were in default in May 1971 and a one years forbearance was granted. The last payment of interest was made in February 1972. Several months later, in October 1973, this action to foreclose was commenced. The bank then discovered that Major-Blakeney Corporation had ceased doing business in Utah and that its interest in the land had been transferred to Dr. Krofcheck, as trustee for undisclosed California investors.

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