Ute-Cal Land Development Corp. v. Sather

HALL, Chief Justice-:

Plaintiffs brought this action to determine the ownership of certain real property known as the “Moss Ranch.” Defendants counterclaimed, seeking to quiet title in themselves or, in the alternative, to recover the value of improvements made by them as occupying claimants.

Defendant Robert Sather guaranteed plaintiff’s note executed in favor of First Security Bank. By the terms of their guaranty agreement, Sather was to receive a warranty deed to the Moss Ranch in the event of plaintiff’s default on the note, and upon Sather’s repayment of the loan. In March, 1974, Sather…