Stubbs v. Hemmert

WILKINS, Justice:

Plaintiff brought an action of foreclosure on a promissory note secured by a mortgage on commercial real property in Santaquin, Utah. Defendant counterclaimed, praying among other things, for damages for plaintiff’s wrongful removal of two air compressors from the building. (Defendant is referred to in the singular as Alta B. Hem-mert is deceased).

All issues were resolved at the pretrial conference with the exception of those arising out of defendant’s counterclaim and the amount allowable to plaintiff as attorney’s fees on the foreclosure. On the trial of those issues, the…