Legal Opinion

Bank of Ephraim v. Davis

Utah Supreme Court

Decided January 6, 1977No. 14514PublishedCited by 21 opinions

1Opinion of the Court

MAUGHAN, Justice:

We consider an appeal and a cross-appeal. Each claims error in the assignment of priorities to the mortgage liens of the two appellants. Also at issue is the award of attorney’s fees to cross-appellant Prudential Federal Savings and Loan Association, hereafter Prudential.

We discover no error in the assignment of priorities, nor in the award of attorney’s fees; and therefore, affirm. No costs awarded.

The Bank of Ephraim, which was first in time to record its mortgage, contends a dragnet clause in its mortgage is sufficient to give it priority, for all sums owed by its…

2Cases cited7 opinions

  1. Holland v. BrownUtah Supreme Court · 1964
  2. Potwin State Bank v. WardSupreme Court of Kansas · 1958
  3. Wallace v. Build, Inc.Utah Supreme Court · 1965
  4. Seal v. Tayco, Inc.Utah Supreme Court · 1965
  5. Heller v. Gate City Building and Loan AssociationNew Mexico Supreme Court · 1965

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Copper State Leasing Co. v. Blacker Appliance & Furniture Co.Utah Supreme Court · 1988
  2. Everett Credit Union v. Allied Ambulance Services, Inc.Massachusetts Appeals Court · 1981
  3. Cache National Bank v. LusherSupreme Court of Colorado · 1994
  4. Bank of the Wichitas v. LedfordSupreme Court of Oklahoma · 2006
  5. In Re WilliamsonUnited States Bankruptcy Court, D. Utah · 1984

16 more not listed; retrieve them via the Exa API.

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