Kemp v. Zions First National Bank

CROCKETT, Chief Justice:

This is a suit in equity over which takes precedence: a prior in time, but later recorded, purchase money mortgage, asserted by the plaintiffs Kemp, or a later in time, but prior recorded trust deed (mortgage) asserted by the defendant Zions First National Bank. The trial was to the court with a jury. The pivotal issue as it is presented by the parties in this appeal centers upon the jury’s answers to two questions as to whether the defendant Bank had notice that the plaintiffs Kemp had an interest in the property when the Bank advanced money thereon and took its…