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Show FRIDAY, JUNE 5, 1970 scribed as follows NOTICE OF TRUSTEES SALE The following described property will be sold at public auction to the highest bidder on the 23rd day of June, 1970, at 11:00 A.M., at the south ground level entrance of the Courts Building at Salt Lake City, Utah, in the County of Salt Lake, by FEDERAL SAVPRUDENTIAL INGS AND LOAN ASSOCIATION, as Beneficiary and Trustee under the Deed of Trust made by REDWOOD SQUARE GARDENS, INC., as Trustor, recorded November 9, 1962, as Entry No. 1880765 in Book 1984 at Page 579 of the ofifeial records of Salt Lake County, Utah, given to secure an indebtedness in favor of Prudential Federal Savings and Loan Association, by reason of certain obligations secured thereby. Notice of Default was recorded November 13, 1969, as Entry No. 2310402 in Book 2806 at Page 224 of said official records. Trustee will Bell at public auction to the highest bidder for cash, payable in lawful money of the United States at the time of sale, without warranty as to title, possession or encumbrances, the following described property at 3715 South Redwood Road, Salt Lake City, Utah, in the County State of Utah: BEGINNING at a point 610.48 feet North and 50.0 feet East from the Southwest comer of the Northeast quarter of Section 34, Township 1 South, Range 1 West, Salt Lake Base and Meridian, and running thence North 196.0 feet; thence East 82.50 feet; thence South 6.31 feet; thence Southeasterly (82 52 30) 319.97 feet; thence South 150.0 feet; thence West 400.0 feet to the point of BEGINNING, for the purpose of paying obligations secured by said Deed of Trust including fees, charges and expenses of Trustee, advances, if any, under the terms of said Deed of Trust, interest thereon and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as in said Note and by law provided. Dated: May 20, 1970. PRUDENTIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, as Beneficiary and Trustee t: Utah, also, s Lots 9 and 10, Miles and Addition (in NE Vi of NE Sec. 3 Twp. 1 South Range 1 West, SLBM.) Purchase price payable in lawful money of the United States. Dated at Salt Lake City, Utah, this 3rd day of June, 1970. Delmar L. Larson, Sheriff of Salt Lake County, State of Utah. Hamil-ton- By Lt. Robert A. Stowe, Deputy Docket No. 36209 1970. 5, (62670JW District Court Judgments - Industrial of Utah Coran. HEATING AND AIR 73-9- 04 COND. vs ASHTON vs State Insurance Fund, garn. $176.60; garn judg - Allen T. Stevens and Stevens vs EARLE J. 179253 Ada C. 193505 - Utah Bid Service vs P. AND ALBERT W. COMPANY Pltf ors BCNEN H. AND BOWEN $910.60; judg 193311 - Tracy-Collland Trust Co. vs Bank G. ns HENRY Pltf$3,000; $100.00 BAGLEY; $29.60; $675.00; judg - Clifford Prince dba Prince Construction Co. vs 185349 WARNELL Pltf$952.38 VAN OTTEN; $22.00; judg 188834 - Clara WILMER L. H. BARNETT 145893 vs Green vs May NELLIE AND BARNETT (no cause of action) - Miller Finance Co. IN L. BLACKBURN, ALFRED and ELSIE BLACKBURN MARV BLACKBURN Chemical Co. & garnishee; $53.67; garn judg as to Marvin Blackburn SHERIFFS SALE ORDER OF SALE 192721 No. 189339 vs - Tenna Corporation THE SOUND SELLER, INC DBA JOHN CARLSON'S LIVING ROOM In the District Court of the Third Judicial District in and for the County of Salt Lake, State of Utah. Pltf $2, 492. 50; $149.55; $23.20 190996 - Union vs G. DEAN OGDEN; vs. First Thrift L. AND MAE OGDEN Corpn foreclosure Third District Court Calendar Friday, - June 5, 1970 Standard Furniture 1S559h Co. vs B. Philip Morton, etal E.G. Veils, Jr. & Geo. Meehan; 145799 - Gerald B. Lambourne to-w- it: All of lot 15, LUETTA SUBDIVISION, according to the official plat thereof on record in the office of the County Recorder of Salt Lake County, State of Utah. vs Iynn U. Burningham Robert Ifrberg & C. R. Henrlksen I09776 - Security Adjustment Bur vs Nick Rokich, et al E.Fankhauser & Matt Biljanic leoooo - Luke A. Oliver etux vs Purchase price payable in lawful money of the United States. Dated at Salt Lake City, Utah, this 27th day of May, 1970. C. W. Howerton Don Sawaya & Richard Carling Delmar L. Larson, Sheriff of Salt Lake County, State of Utah. By Lt Robert A. Stowe, Deputy Docket No. 37093 190209 Van Cott, Bagley, Cornwall & Layne B. Forbes & J.McIntosh 175639 Morris L, Roper - Buyers and Services vs Charles Clark McCarthy Attorneys for Plaintiff Date of first publication May 28, Ronnow vs Intenr.ountain Accept. Corp Carl Ilemelka & Ronald Barker I09433 - Geddes- D. Brown, etal vs Domestic Credit Corp (61970JW Dwight L. King & Allen Swan 170o2o - western Finance Corp EXECUTION No. 189,771 vs In the District Court of the Third I. Reed Davis, Arnovitz & R. C. etc Barker dba Moore, aAA 1 Jtr flit tf Bill ijtttr PRINTING and PUBLISHING Defendant. To be sold at Sheriffs Sale at the County Courthouse in the City and County of Salt Lake, State of Utah, on the 30th day of June, 1970 at 12 oclock noon of said day that certain piece or parcel of real property situate in Salt Lake County, State of Utah, "the right, title and interest of defendant, William P. Moore, dc- - Godfrey, I?! W Murray villa James C nger to Ferris, Town Ind 342 S Fin; hh See f ACttatHe 1397 SO. MAIN rfeJJ 487-o6- 5i to 4955 S, Taylors to Aetna Fin; Snowmobile Jest crest, Gra- John Paul Holt, 7o K St, sic to Town lnd Fin; hh yds !i: 7, sic Gary A Ulison, 1472 S 11th hh to llncoln Fin; qds -- Earl L S 4420 W, Kearns hh gds Boat Mtr Trlr Garrick, 5470 to Lincoln Fin; Raymond Mallory, Plaintiff and Appellant, No. 11919 FILED v, Charles Taggart, Zions First National Bank, et al. , May 26, 1970 W. Defendants and Respondents. L. M. Cummings, Clerk The plaintiff agreed to sell to the defendant Taggart 140 shares of corporate stock, and Taggart agreed to pay therefor the sum of $76, 000 based upon the plaintiff's representation that the corporation could give good title to 980 acres of land which it owned. The parties mutually agreed that if good title could be given to more or less than 980 acres, the price of $76, 000 was to be multiplied by a fraction, the numerator of which would be the actual acres to be conveyed and the denominator would be 980. A part of the land owned by the corporation was subdivided in 1890 and 1891 by its then owner, and plats showing lots, streets, and alleyways were duly filed in the office of the county recorder of Salt Lake County. The contract for sale of the stock provided: "The corporation is the owner in fee, subject only to easements of record, of 980 acres more or less of land, ..." The principal question presented by this appeal is whether the corporacan tion give good title to the acreage included in the streets and alleyways as shown by the plats on file. Such streets and alleyways exist only on paper, since nothing has ever been done by way of opening them to the public or laying them out on the ground. The corporation owns all of the land which was platted, and no rights in and to the alleyways and streets exist in any third parties. Chapter 50, Laws of Utah 1890, after providing for the laying out and platting of land by an owner, reads as follows: Such maps and plats when made, acknowledged, filed and recorded with the county recorder shall be a dedication of all such avenues, streets, lanes, alleys, commons or other public places or blocks, and sufficient to vest the fee of such parcels of land as are therein expressed, named or intended for public uses for the inhabitants of such town and for the public for the uses therein named, or intended. This statute dedicated to the public only the surface rights to the use of the streets, alleyways, and so forth, as is shown by the case of Sowadzki v. Salt Lake County, 36 Utah 127, 104 P. 117 (1909). That case is squarely in point with the instant matter. There the owner of a five-ac- re tract of land had it surveyed, platted, and recorded in the office of the Salt Lake County Recorder in July 1890. There, as in the instant case, the land lay outside of any incorporated city. The owner in that matter platted Wabash Avenue hut never opened it up for the use of the public and never used it as a road. In 1907 the Salt Lake County Supervisor of Roads undertook to open up Wabash Avenue as shown on the plat. The owner brought the above entitled action to restrain the county from interfering with her property. The identical question was presented and argued to the court in that case which is involved in the matter now before us. There the court at page 142 of the Utah Reports said: . . . While the word "fee" is used in the section, it is clear from what follows that it was not intended that the fee of the corpus or land itself should pass, but only the fee to the surface, and this only for public use for all purposes of a street or highway. The fee mentioned in the statute was thus what is known as a limited or determinable fee, and was created for a special purpose or purposes only, and hence was subject of abandonment. . . . Section 1116, R.S.U. 1898, was enacted reading as follows: - SHERIFFS SALE WILLIAM P. MOORE A Ontral, judg FEDERAL SAVPRUDENTIAL INGS & LOAN ASSOCIATION, a corporation, Plaintiff, vs. Attorney Date of first publication May 15, A.D. 1970. (6570) W Donald W The plaintiff appeals from a judgment in his favor in the amount of $12, 631. 25 and contends that it should have been for $24,026. 10. The case was tried to the court without a jury and arose out of the following facts: judg vs Reilly Tar Judicial District in and for the County of Salt Lake, State of Utah. Dan AUDRY I. STEWART, Stewart Co., Plaintiff, AGNES AMOSS LEADER, Executrix of the Estate of Jcune H. Amoss, Deceased. Fred L. Finlinson Conernt Prod, 41 vfalknr Bk; TVuin ELLETT, Justice: Pltf$11 ,339.00 MAXXNER; (6570)W To be sold at Sheriffs Sale at the County Courthouse in the City and County of Salt Lake, State of Utah, on the 23rd day of June, 1970 at 12 oclock noon of said day that certain piece or parcel of real property situate in Salt Lake County, State of Utah, described as follows, 75-9-- 5, Financing Statements MAIXNER AND ROBERTA C. Assistant Secretary Date of first publication May 22, KENT G. MERRILL and JUDITH L MERRILL, his wife, et al., Defendants. NOTICE It) CREDITORS Estate of JEANE II. AMOSS, Deceased. Creditors will present claims with vouchers to the undersigned at 822 Kearns Building, Salt Lake City, Utah 84101, on or before the 20th day of August, A.D. 1970; claims must be presented in accordance with the proUtah Code Annotatvisions of ed 1953, and with proper verification as required therein. In The Supreme Court Of The State Of Utah Gayle Dean Hunt Attorney for Plaintiff Date of first publication June By: O. M. Richins 1970. to-wi- Lota 34, 35 and 36, Block 5, SOUTH BOULEVARD, according to the official plat thereof recorded in the office of the County Recorder of Salt Lake County, of Salt Lake, 1970. THREE PAGE All highways once established must continue to be highways until abandoned by order of the board of county commissioners of the county in which they are situated, by operation of law, or by judgment of a court of competent jurisdiction; provided, that a road not used or worked for a period of five years ceases to be a highway. This statute was amended in 1911 by omitting the clause following the semicolon. However, the amendment would not operate to give to the public any rights in streets and alleyways which the statute of 1898 had taken therefrom and restored to the owners of the land. In the Sowadzki case, supra, this court held that Salt Lake County had no right to open Wabash Avenue, and at page 143 of the Utah Reports held as follows: In view of our statute upon the subject of streets and highways, and of the authorities which we have cited, we arc clearly of the opinion that Wabash Avenue was dedicated as a public highway; that upon the filing for record of the plat by Mr. Dankowski the dedication was complete and Wabash Avenue thenceforth was a highway dedicated to public use; that under our statutes there is a distinction with respect to the use and abandonment of streets in cities and towns and of highways or roads outside of such cities and towns; that section 1116 applies to all roads and highways outside of cities |