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Show INTERMOUNTAIN COMMERCIAL RECORD DECEMBER 9, 1974 MONDAY, In The Supreme Court of Third District Court Calendar 219095 va (jury) Equitable Life Assurance Attys; Arthur Nielsen Wallace Kurd, Scott Savage, John H. Snow, Bex Hanson, F.R.Bayle 197460 - R. Bruce Christian vs (jury). Deseret Pharmaceutical Attys; Thomas Rossa Lynn Foster 210559 - William A. Keele vs (Jury) Lavon B. Mills Int. Cuisine, Inc. Attys; B. Lloyd Poelman - Mt. Sts Tel & Tel vs (jury) Richard L. Steed, etc Attys; Robert McDonald 211735 Stephen Morgan - Utah Prestressed 214304 vs J. Penney Co. Attys; Richard Moffat . Gerald Gundry 203763 - Jean H. Rich vs (Jury) Jones E. White Eugene Davis vs (jury) Art Find System, Inc. Stephen Morgan - Consolidated Air Conditioning vs 215813-1- 4 Macoy McMurray MallinckrodJb) Tanner, David Trask 216995 - Karl Yocom,dba vs Layton Construction Attys; Allan Zabel Merlin Lybbert DU128 - Stoker John B., Anderson 214117 - Keith Carrigan . vs Universal Underwriters Tuesday, December 10,197 Rowland Bonneville Wrecking Attys; Victor Spencer 269OIO - In matter of Estate of Gean B. Park Attys; F. J. Kennard Attys; Carl Nemelka Leonard Russon 214899 - Dennis A. Dudley - George L.ELsmore vs (jury) Katherine Done,etal Robert Cummings 61370 Thos. Peters Bill - Elvira 216365 vs (Jury) Attys; Leonard Jacobsen Investment Attys; Don Cassity Allan Larson 217097 - Joseph A. Mandarino vs (jury) Jerome W. Yeck,etal Attys; Philip Pugsley Joseph Bottom, Don Blackham - Wasatch Roofing 217093 vs G. Knutson V3 Gunter H. Of ferman Attys; Jeffrey K.Clayton A. Dennis Norton 209804 - Knight Adj. Bureau , vs Robert W. Attys; Thomas Hughes Vuyk & Tr. Attys; Edward McDonough Grant Macfarlane Clyde Pearce Wednesday. December 11,1974 216149 - Shauna Snyder vs John S. Mannos Attys; Robert McRae L. E. Midgley - Bonneville Salt vs Jeffery 214715 Roger F.Hague Robert L. Nicastro,Jr. Attys; David Goodwill Robert McRae 214887 - Rex McClure va (Jury) Harry L. Young & Sons Attys; Brent Moss Vendell Bennett 217424 - Wm. E. Van Valken- berg vs Carl Wilkerson " Pro Ce Attyc; Pro .Te 214902 - Qnna Roberts vs (Jury) W. Truman ' Co vs (jury) Robert J. Gentry Attys; Ed Garrett D. Sandack Pete N. Gustas Attys; Barrie McKay Phil Hansen December 13, 1974 214414 - Navajo Leasing Co Friday. vs . David Young Ronald Barker 214384 - Wasatch Roofing vs Joe Santi Dean Gray Reed Tuft 218315 - Smith Investment Attys; vs Intermt. Specialty Attys; Robert Adkins Don Strong 218988 - Richard Westwood vs Crystal Wiggins Attys; Earl Staten Rigby,etal Attys; Robert Knight Herbert Maw. 60632 - In matter of Estate of John Floyd Morrison Attys; Paul Halliday Robert Miller 216411 - Jo Lee Enterprises vs Phone Books, Inc. Attys; Michael Heyrend Richard Cuatto 211922 - Richard vs A. x the Travelers During the year 1964 the plaintiffs negotiated with the real property included Insurance Company for a loan to be secured by in the contract of sale with the defendants. In connection with the loan the the contract and directed plaintiffs paid to the escrow the balance due on the escrow holder to deliver the warranty deeds to Security Title Company, which was to furnish title insurance to Travelers Insurance Company. In forwarded its response to the plaintiffs' application for a loan, Travelers loan approval which contained in part the following language: It is understood that a standard A. P. A. title policy, will be acceptable to the Travelers Insurance Company, not furnished; also, if the title insurance policy does underspecifically set out the mineral interests, it is stood that a separate mineral opinion will be furnished. Title Approval also suggested that the plaintiffs deal with Security delivered the warranty Company of Salt Lake City. The title company deeds to the county recorder on February 26, 1964, and the real estate mortgage to the Travelers was recorded on the same date. It is the plaintiffs' claim that they did not discover reservation of mineral interests in the deed until on or about November 29, 1972. The testimony adduced on behalf of the plaintiffs indicates that they did not see tho deeds after their recordation. It is the plaintiffs' claim here as well as in the court below that there' was a fraudulent concealment on the part of the defendants which postponed the commencement of the running of the statute pursuant to the which provides as follows: provisions of Section (3) John Landures C. Dunn Attys; Frank Karras Don Klingle - L. Ridd Larson Cannon Paul 216428 - G. L. Hackett & Attys; Michelle's Modeling Attys; Glen Richman ' Robert Hughes. 210606 - Walker Bank vs Donald E. Wittke 212327 vs Halliday Water Co. vs Richard Davidson - Loren Burningham David Brown 194964 - H. E. RLdd, etux Roger 209227 - Dee's Inc. Roger D.Robinson Attys; Guy Burningham 214790 ' vs Universal Underwriting Noggle n78-12-2- 25, Clarks and Titensors.' Attys; Richard J.Leedy Gilbert Athay vs 78-12-- 23, On March 19, 1959, the defendants entered into a uniform real estate contract for the sale of the real estate here involved with Arthello Clark and Nellie Clark, his wife, Richard D. Titensor and Betty C. Titensor, his wife. The Clarks and the Titensors took possession of the property. Defendants' and the purchasers under the contract entered into an escrow to agreement whereby the First Security Bank at Roosevelt, Utah, agreed act as escrow. The contract to purchase and warranty deeds were deposited with the escrow. The warranty deeds contained reservations of mineral the Clarks and rights in the real property. In the month of October I960, Titensors assigned their interest under the purchase contract to the plaintiffs. On November 1, I960, plaintiffs and the defendants entered into a real estate contract which corrected and amended some of the conditions in the real estate contract between the defendants and the Clarks and Titensors. The contract contained no reservation of mineral interests. The con-tra- ct between the plaintiffs and the defendants was deposited with the First On or about December Security Bank of Roosevelt under an escrow agreement. deeds to 8, 1961, the defendants had their attorney prepare two warranty as and Titensors grantees. The replace those which had named the Clarks new deeds conveyed the property to the plaintiffs as grantees and contain the same reservation of mineral interests as appeared in the deeds to the vs Paul Bavelas,dba Attys; Sam Chamberlain 61400 - In matter of Estate of Metta Parodi Atty; Matt Biljanic & 78-12-- Wilson R. Kaplin,etal Henriksen Allan E. Mecham, Clerk The plaintiffs initiated these proceedings in the District Court of Duchesne Courity seeking in the alternative the reformation of a warranty deed; a decree quieting their title to the land described in the complaint; and specific performance of a real estate contract entered into by the were enparties. The defendants answered and denied that the plaintiffs titled to the relief prayed for and as an affirmative defense contend that the plaintiffs' claims are barred by the limitations set forth in Section 6, Utah Code Annotated and Sectio Section of the defendants, and the 1953. The court below found the issues in favor plaintiffs have appealed. vs (Jury) Albertsons' Wendell Bennett D. December 5, 1974 TUCKETT, Justice: Thursday, December 12,1974 216132 - Peter Markakis Earl FILED Flo id C. Hartman and Ruth A. Hartman, his wife, Defendants and Respondents. Cassity. Gary Christian 215144 - Karren & Yost Attys; No. 13614 v. Ronald Barker 217685 - Alpine Distributor Leon RLdd Attys; Reed Brown - Huber Donn Attys; - Granite Mill 216204 Duffin vs Stoker Attys; Brant Wall vs C. R. Thomas Attys; Wallace Hard 218735 Lyrad McConkle and Rene McConkie, his wife, Plaintiffs and Appellants, Margaret Chavez, etux Phillip - J. P. Koch (jury) C. Brady vs Carol Brimhall,etal Attys; Earl Staten Michael L. Brock Attys; Clayton Fairbourn L. L. Summerhays vs W. Dennis Frederick 198752 - Time Commercial Gerald D. Herman Const Attys; John McCoy John Marshall, Ray Christensen 217444 - Don Davis, etux vs (jury) 206814 - George Stephen Morgan - Paccadilly,Inc. ' vs vs Attys; Jay Meservy Attys; Ralph Hafen, David Kunz, Wendell Bennett 223293 The State of Utah Robert Bayle, James Clegg Monday, December 9i 1974 2O091I - Juanita J.Meyer pagesi:v::-- Seare Diko Electric Corp Attys; E.H.Fankhauser Arthur Nielson D14760 - Corona vs Corona Attys; R, Cutler and Atty Kinateder An action for relief on the ground of fraud or mistake; but the 'cause of action in such case shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. The court below found that the plaintiffs had full opportunity to discover the reservations in the deeds when the deeds were delivered to Security Title Company and when they reviewed problems in the chain of title. That all of the circumstances existing at or about the time the deeds were recorded were such as to furnish. full opportunity to the plaintiffs for the discovery of the mistake or fraud, if. any existed. The court further found that more than eight years had elapsed since the time for reasonable inquiry on the part of the plaintiffs would have revealed the mistake or fraud to the time of filing of the plaintiffs are their complaint. The trial court concluded that the claims 1 to. barred by the statutes of limitation above referred The judgment of the court below is affirmed. No costs awarded. WE CONCUR: E. R. Calllster, Jr. , Chief Justice F. Henri Henriod, Justice A. H. Ellett, Justice J. Allan Crockett, Justice 1. Smith v. Edwards, 81 Utah 244, 17 23 Utah 2d 106, 458 P. 2d 867. P. 2d 264; McKellar v. McKellar, j |