Salt City Building, Loan & Savings Ass'n v. Peterson

The opinion of the court was delivered by

Wedell, J.:

This was an action to foreclose a real-estate mortgage. Plaintiff prevailed, and only the defendants Charles C. Boyer and Aldula Boyer, his wife, appeal.

Charles Peterson, the other defendant, was the record title owner of the property in question. Appellants had entered into a written contract with defendant Peterson for purchase of the property. The *766contract was not recorded. Notwithstanding this contract Peterson mortgaged the property to appellee. Appellants were in possession under a supplemental contract of purchase and deed which were…