Federal Land Bank of Berkeley v. Pace Et Ux.

WOLFE, Justice.

This is an action to quiet title to 2.75 acres located in Millard county, Utah. On October 1, 1921, one Underhill and his wife mortgaged to the appellant 40 acres of land in Millard county, setting it out in the mortgage by metes and bounds. Contiguous to these 40 acres were 2.75 acres also owned at that time by Underhill, which acres were not included in the mortgage. This small piece had upon it certain buildings and improvements which the appellant, at the time it took the mortgage, claims it was led to believe were located on the 40 acres it was receiving as security for…