Layton v. Layton

ELLETT, District Judge.

Clifton B. Layton, one of the defendants in this case, mortgaged his farm in Davis County, Utah, on September 7, 1929, to the National Building and Loan Association as security for an indebtedness of $10,000. Thereafter and on May 6, 1931, he gave a second mortgage to the Ogden State Bank as security for an indebtedness of $4,195.

On October 15, 1932, the National Building and Loan Association brought suit to foreclose its first mortgage and made the Ogden State Bank a party defendant. A sheriff’s certificate of sale dated December 13, 1932, was issued to the National…