Bank of Ephraim v. Davis

581 P.2d 1001 (1978)

BANK OF EPHRAIM, Plaintiff and Respondent,

v.

Halbert DAVIS et al., Defendants and Appellants.

No. 15349.

Supreme Court of Utah.

June 16, 1978.

Donald J. Eyre, Jr., Nephi, for defendants and appellants.

Louis G. Tervort, Manti, for plaintiff and respondent.

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…