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Cannefax v. Clement

Utah Supreme Court
818 P.2d 546 (1991)


Facts

In 1981, George and Lila Barker agreed to sell property to Diane Hodge via an executory land sale contract. In 1985, Donald and Ruth Clement (defendants) obtained and docketed a judgment against the Barkers. Later in 1985, Hodge made the final payment on her executory land sale contract, at which point the Barkers deeded the property to Hodge. On the next day, Hodge deeded the property to Raymond and Debra Cannefax (plaintiffs). The Clements attempted to enforce their judgment against the Barkers through an execution sale of the property. The Cannefaxes brought suit to quiet title in the property. The trial court granted summary judgment to the Clements. The court of appeals reversed, finding that the judgment lien did not attach to the property and ordering the trial court to grant the Cannefaxes summary judgment. The Clements appealed.

Rule of Law

Issue

Holding and Reasoning (Stewart, J.)

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