Horton v. Horton

HALL, Chief Justice:

Defendant Majestic Investment Company of Denver dba Majestic Mortgage Company (Majestic) appeals from a district court judgment setting aside a quitclaim deed from plaintiff Dwaine C. Horton to defendant Virginia Horton as void ab initio. Majestic also appeals a determination that plaintiff’s interest in the subject property has priority over Majestic’s interest. We affirm.

During their marriage, plaintiff Dwaine C. Horton and defendant Virginia H. Horton acquired a house in Bountiful, Utah. In December 1977, as part of a divorce decree, Mrs. Horton was awarded title to the…