McMurdie v. Chugg

WOLFE, Justice.

Appellant, plaintiff below, recovered judgment against defendants for $634.48, the face value and interest on certain notes representing the balance due on the purchase price for certain land and water stock, and also for $100 for attorney’s fees necessitated by the bringing of action. The lower court held, however, that plaintiff did not have a vendor’s lien on said property and was not entitled to sale on execution because the property constituted the homestead of defendants (respondents) and was protected from foreclosure by Article XXII, Sec. 1 of the Utah Constitution.…