Watson v. White

ANDERSON, District Judge.

The defendants appeal from an order of the trial court, C. Nelson Day, Judge, Fifth District Court, dismissing defendants’ answer and counterclaim.

In May of 1962 plaintiffs filed their complaint as the sellers of the Arrowhead Hotel (in St. George) seeking specific performance of the contract of purchase by the defendants. Service of summons was made by publication and by mailing a copy to their last known addresses and to an attorney and a real estate agent. In October 1962 an ex parte order was made appointing T. P. Durrant, a tenant of the hotel, as the receiver to…