Lockhart Co. v. Anderson

ON PETITION FOR REHEARING

OAKS, Justice:

In a petition for rehearing, Lockhart urges that the rules discussed in the Court’s opinion do not apply to the facts of this case since Lockhart’s $14,089.39 advance was paid to the sellers under the real estate contract rather than to the lienholder, Zions Bank. Consequently, Lockhart should be entitled to include that advance in its decree of foreclosure under the rule in Young v. Corless, 56 Utah 564, 191 P. 647 (1920), discussed in the opinion.

Lockhart’s argument is not supported in the record. Lockhart’s complaint refers to the sellers under the…