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Cannefax v. Clement

Supreme Court of Utah

818 P.2d 546 (Utah 1991)

Relevant factsFree

The Barkers agreed to sell property to Hodge under an executory land sale contract in 1981; in 1985, the Clements (defendants) docketed a judgment against the Barkers, and later that same year Hodge made her final payment, triggering a deed from the Barkers to Hodge, who then immediately deeded the property to the Cannefaxes (plaintiffs). When the Clements tried to enforce their judgment by executing against the property, the Cannefaxes sued to quiet title; the trial court granted the Clements summary judgment, but the court of appeals reversed, finding the judgment lien never attached, and the Clements appealed further.

IssueFree

Whether a judgment creditor's lien, docketed after a seller has already entered an executory land sale contract, attaches to the seller's remaining interest in the property.

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