Cannefax v. Clement

OPINION

BILLINGS, Judge:

Raymond and Debra Cannefax (“Canne-faxes”) appeal a summary judgment entered against them in their quiet title action and in favor of Donald and Ruth Clement (“Clements”). In granting summary judgment, the court held that a seller’s retained legal title to real property under an exec-utory land sale contract was “real property” and, therefore, that a judgment docketed by the Clements, the seller’s creditors, was a lien against the property pursuant to Utah Code Ann. § 78-22-1 (1987). We reverse.

George W. Barker, Jr. and Lila M. Barker (“Barkers”) were fee simple owners…