Utah Builders' Supply Co. v. Gardner

FOLLAND, Justice.

A decision in this case was heretofore rendered and is published in 86 U. 250; 39 P. (2d) 327. In view that a petition for a rehearing has been filed, supported by rather vigorous briefs wherein it is insisted we have misconceived the meaning of certain cases cited in support of our conclusions, we deem it advisable to further express our thoughts.

Respondent has undertaken to distinguish the case of Payson Exch. Sav. Bank v. Tietjen, 63 Utah 321, 225 P. 598, from the facts of the instant case. We recognize the difference. That was a suit to set aside a conveyance alleged to…