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Show MONDAY, MAY 1970 18, DAILY THE RECORD PAGE THREE FINANCING STATEMENTS sle to Brent H Randall, 1 521 Down Dr, Nationwide Fin; hh gds Albert E Brother, Ilf OS S 11th to Nationwide Fin; hh gds sic V, Perry sle W, J Hilton, Donald Jose Phlster, Sandy 1st Ave, sic to Joseph Cox, 4623 Masdow to Conan Cr; hh gds Isaac Alldredm, 532 to XPt; cons gds L Schreiner, 1989 Raymond to Bud E set Fin; hh W Carol L Cleghom, ?0b E 3rd to Nationwide Fin; hh eds Danny L Terry Gibbons fcil iristsr. E 5235 b, Box St, sic In, Murray Wheeler 5145 Lambeth, sic sic TV Pedersen, 4350 5295 S, Bk; Boat rttr Trlr Garside Coro, 23IO S W Kea-r- r.s 4700 S, Granger W Temnle, Fin; Equip sic to sic 1330 Dupont Ave, Hs Powell, 190 ?th 3rd f E, rlc to Sar.dy t.o W, hh pt)s K Garth 0 Van Tassell, 10393 S 1300 Riverton to Western Union Cr Un ; W, Larry K Jox, 2448 Catalina Dr, sic to Valley Bk; trucks cars Crosland, 4075 Mt Olympus Way, Ktge; hh gds Johnson-Anders- on 6237 Ronnie L Thomas S ; Wayne Smith, !?24 Vine St, sic to Valley Bk; cars trucks Bk; sic accts 24?5 E, S Csmar 468 cor.s S 600 E, sic sic 'ds 3420 5 7332 Carlos Mondraon, Ben Fin; hh gds W, sic to Silotti Carnet Care, 347 E 4090 3 to Valley bk: Equip Don Kw.neth L William? , 13P2t sic to Ben fin; hh vris Hanoi Arba eye, 4912 fir'? hh gds Pulos, 979 Fin; hh eds S '.J 530 W Enoch Cecil R Leader, 2981 to Ben Fir.; hh gds Lauren to Univ Joim W Sesney, 2020 Univ CIT Cr; hh gds Morrill 'arilton, to MFT ; Victor MFT; Crvstal Ave S, Keams State, sic to to 3er. sic to E Warren Cable, 421i4 S 4000 W, MFt ; Traxeavator S 9100 Magna W, J Williams, 148 Leslie Ave, sic CIT Cr; hh rds cars ? evada cars St, sic to 4Q87 S 4Q20 W, Kearns cons gds S 300 E, Sandy to Joseph L Southworth, 235 Greenwood Midvale to Walker 3k: hh rds Ulton Fell Pitts, to Cr, sic Adams, 6995 Columbia cons gds H Salmon, 850 Walker Hk; Camper Way sic Smith & Sons, 1441 Beck St, to Atlas Equip; Equip Gerald Roy S Obnrshaw, 1131 Srrentir.e Sard to Ben Fin; hh gds Wp. sic Highland Dr, 6505 Sattervhite, Butterfield, R Cir 747 Southwood Dr, hurra v to Tracy Collins ?k; Camner Steven C Mavrnrd , 102 W 5995 S, Murray to Aetna Fir.; roat Mtr Trlr Larrv A Whitir.v, 320. Starlite Cir, Jordan to Aetna Fir; hh gds Camner W Kane County. Had they made the inquiry they were obliged to make, they would have learned of the assignment . . to this Plaintiff. This record imparts notice to all persons. It is elemental that priorities are determined by successive recordings The applicable statutory provisions defeat any claim the Defendants Anderson may have acquired by . reason cf their assignment. Union, No. 11695 FILED Cr; hh cons gds to Utah State Employees Credit v. K Gary Sainsbury, sic In The Supreme Court Of The State Of Utah Plaintiff and Appellant, Un; Cr; Gar. Chas T Hoffman, 1474 Fed Way, Western Union Cr Un; fum Ben Patricia Lawrence, 1662 E 500 S, to Jordan Cr Un; car Piano sic Peterson to Jordan Cr R Gen hh gds gun sic W Donald L hinder, 3445 to Walker Bk; Equip Comm SLairn Jennings, to Team Central; Ir.v Ave, Time Brent F Tucker, 3l'42 5 Cloyd Mliamsen Body & Eouip, 1925 Indiana sic to Heiner Eauip; Fbrklift 8 Michael Wright, 90 E 7200 S, Midvale to Jordan Cr Jn; Truck Cairner to Seaboard Fin; Valkor.burqr, L MFT; Ln, Berrett, 65I7 Hickory Un; car hh gd.1? W to Valley sic to 2429, D sic to to to Valley Roland Elmo Hill, 4111 W 3100 5, Grander to Town Ir.d Fir.; hh rds Clyde Anderson, 1047 to Valley sk; Sw each Van to Walker 3k; Town 2nd !: E Gordon Robert 5emell Rex Delworth Wilson, 560 rrirceton Dr, to Walker Bk; Camper Fool table TV Anderson, 405 E 6220 S, Murray Fir.; hh gds L Finery cons gds sic to Jordan Cr fum R 102, sic V orthwood Ave Fin; hh gds & Reed, hach; Enuip sic Smith, lo48 sic to Budget to S J Hensley, to Wheeler Mach; Traxeavator sic 3100 S, sic hh gds 11 78 Schocker Const, 154 Ed, 3930 S, eds to Lincoln Fin; to Seaboard Fin; sic to Joseph Sheridan, 957 13th S, Alpine Cr; Trlr Radioonuio fiurray Rd Butcher, 9924 Dolomite In Wm Donald E W k Beatty Jr, 3464 S Westcrsst Gen Ktrs; Camper W Y. Albert Peoples 1st Thrift; fum fix appl Willy 7th S, sic to Montoya, 256I Chesterfield, to Lincoln Fin; hh gds Clr, sle to Nationwide Fin; hh gds Ray W Granger to 6910 Co no rant 535 TV Kathleen L Bauer, IO75 Lincoln Fin; hh gds LeRoy G Thavn, 4800 S 3535 W Taylorsville to Nationwide Fin; hh gds Lynn i'Sd-va- le Saathoff, 826 Chase Ave, sic M to Lincoln Fin; S, Sandy to 1241 E 8725 Nationwide Pin; hh gds 402 LaSalle Dr, Petersen, to Seaboard Fin; car Michael R Jackson, 3453 S 3600 to Nationwide Fin; hh gds Earl Thatcher, LeGrar.t 1969. Thereafter, the court signed an order of foreclosure on January 30. May 8, 1970 Anthony R Riding and Anita E. Riding, his wife. Vaughn R. and Anderson, Ilene R. L. M. Cummings, Clerk Anderson, his wife. Defendants and Respondents. February 10, 1969-- Andersons moved to vacate this judgment, and supported their motion with a rather lengthy memorandum. On The trial judge denied the motion to vacate on May 7. 1969. His reasons, which we think were dispositive here, were as follows: The Motion to Vacate sets our four grounds upon which Defendants rely. No. 1 of said four, alleges the Motion for Summary was granted without procf: (2) proof of the amount due and method of disposing of the security and other material matters was required; (J' the issue of possession as controlling priority required proof; and (4) whether the contract relied upon 'by Plaintiff was terminated, and whether or not Defendant Andersons interest was derived from HENRIOD, Justice: Appeal from a judgment vacating summary judgment and order for sale of property. Reversed, with costs to the plaintiff Credit Union. The Credit Union made a loan to the Ridings, who executed a note and an assignment of their purchasers' interest in contract. which latter was recorded on January 15. 1965. On March the Ridings purportedly "assigned" their same rights in the same 1965. 6, property to defendants Anderson. Such assignment was not recorded. On June 4. 1968, plaintiff sued Ridings to foreclose their interest because of default in payments on the note, and joined defendants Anderson to bar any rights they might assert under their purported assignment. The Ridings, who had been served personally in Idaho defaulted and such default was reduced to judgment. Andersons answered the complaint on information and belief and denial, which, as written, amounted to a general denial. On motion for summary judgment plaintiff introduced the note, the purchase contract the assignment thereof, the ledger account showing payments made and reflecting the resulting delinquency, and the purported second assignment 10 Andersons. There seems to be no escape from the conclusion that at that time plaintiff had a subsisting, recorded claim against Ridings' interest in the real property, which plaintiff could assert, did superior to Andersons, whose pleading and the record up to that time adunder matter the after The trial ccurt. not reflect otherwise taking visement. signed an order on Jinuary 21. 1969, and granted plaintiffs the relief prayed, spying: and to secure payment . . . assigned to Plaintiff their entire interest in a contract of sale between Defendants Riding and The Defendants Riding borrowed . . . $3,509-8- . . The . dated assignment was dated on The Defendand was recorded note a and new . and the plaintiff wrote ants Riding assignment for $3, 254. 61 and this . . . was recorded on On Swapps and Ridings made an assignto the Defendants ment of this original contract Anderson. This assignment covered the same contract of sale between the Swapps and the Ridings which had been reThere is some dispute in the testimony corded on as to who was in possession . . on 1 -- 1 5- - 65 when this second assignment was recorded This dispute is of little if any consequence since the Defendants Anderson rely on their The Defendants AnderBon are assignment of charged with such notice as is shown on the records of Swapps 12-17-- . . ... , 62 . 12-31-- 62. . ... other sources. The Defendant has offered no proof of either of the foregoing grounds, save the dennl formed in the Answer. We believe and hold the trial court's orders at this juncture as between the plaintiff and Andersons were correct and in consonance with the record. After the decisions above, the Andersons . on May 28. 1969, filed a Motion to Reconsider the judgment denying ihe motion to vacate, and to vacate it. Under the record here, we are unaware of any such motion under our rules, but assuming such a motion for some unusual reason could be entertained rather than pursuing an appeal, the only bases for the motion here were 1) that Ridings were indispensable parties to the suit and 2) that evidence should be introduced to determine priority of the assignments, the amount due under the. contract and the equity sought to be foreclosed. The trial ccurt. ex parte and without any notice to the plaintiff, granted the Andersons' motion to vacite on May 27, 1969. apparently one day before the motion was filed, but undoubtedly on the same day, and based its vacating order on ij above: lnd:pensabihty of parties. The record shows that matters under 2) supra were in evidence and specifically disposed cf in the judgment, and that 1) supra was satisfied, since Ridings already were parties to this action, - no one having claimed otherwise before judgment and he Andersons hardly being in a position to act for the Ridings, and certainly vulnerable to principles of estoppel. Andersons' complaint, if any. seems 10 lie against Ridings, not this plaintiff. We think the motion to reconsider the motion to vacate the judgment is abortive under the rules, but even if r. weren't, it was error under the rules to hear and act upon it without notice We conclude that the judgment 12-31-- . I 1. Ridings have taken bankruptcy in the meantime. 2. See Rule 60(b), Utah Rules cf C ivil edu re. SUPREME COURT DECISION- S- (Continued on Page 4) 9 |