Western Mortgage Loan Corp. v. Cottonwood Construction Co.

TUCKETT, Justice.

This case is now before the court on an: interlocutory appeal. It involves the relative priorities of mechanics lienors’ and a. construction mortgage which the plaintiff and respondent seeks to foreclose on lot 10,, Lazy Bar Subdivision of Salt Lake County..

The district court made certain rulings: of which the following two are the subject of this appeal:

1. That the documents evidencing the-mortgage transaction between the plaintiff-respondent, Western Mortgage Loan Corporation and the defendant, Cottonwood' Construction Company, provided for obligatory or nonvolitional…