Bank of Ephraim v. Davis

MAUGHAN, Justice:

Defendant Davis appeals an order denying his motion to quash a writ of attachment. Plaintiff Bank, as defendant’s mortgagee, had the writ issued to attach certain personalty of Davis’. The writ was issued prior to the foreclosure sale of realty belonging to defendant. It was subject, as security, to the terms of the bank’s mortgage. The writ also suffered from other infirmities intrinsic to it, which are treated hereafter.

We reverse and remand with instructions to quash the writ. Costs to defendant Davis. All statutory references are to U.C.A., 1953, unless otherwise noted.…