Bennion v. Amoss

CROFT, District Judge:

This is an appeal from a summary judgment entered in favor of plaintiffs and against the defendants. We affirm.

Plaintiffs filed this action seeking a judgment upon a promissory note in the sum of $123,028.33, together with interest, and to foreclose a mortgage upon real property located in Daggett County, Utah, given to s'écure the payment on that note. The defendants filed an answer and counterclaim, asserting, in addition to the usual general denial, three affirmative defenses which will be considered later in this decision.

The summary judgment appealed from was…