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Show Warranty Deeds - 2397 033 297 Geraldine Halva O36 L N 038 to Campbell Crnst Gwillam etux Clewnt Fitzgerald to W to Ghuroh P R 074 Robert Tierra to Harvey Am to Politls etux Geo S 133 L Carl Broadhead etux to Kin gsway Const 110 Mary to John Owens B Andersen, etux to Darryl Anderson etux Huls e etux to John Wetzel etux I65 Carl etux 210 Connie Moore to Jr Geo Under our statute, to have become a deputy auditor, W etux J Potter etux 226 John R Hood R Hood etal 1. His appointment must have been made in writing, which admitnot done; was tedly Such written appointment must have been filed in the office of the county clerk, which obviously was not done; 2. Jos The statute then, in the same paragraph in 875 shall be or act as such deputy. B Morris etux to Rupert Shultz Jr etux Bill W 877 Booker E Johnson etux etux to Emphasis added. to Plaintiffs strongly urge that inasmuch as Hibler had been accustomed to performing some duties that the auditor was charged to do, he was a de They cite considerable respectable authority for their position, but we are constrained not to subscribe to the of Latin employment of a words to circumvent the clear intent of the legislature. When acouple person's real property is at stake, and its title hinges on statutory construction in tax sales procedures, we are committed to two other Latin words: "strictissimi juris, " which we believe, hold, and have held, to apply to a case like this. 5 1. Title Utah Code Annotated 1953. Utah Code Annotated 1953. 2. Title Utah Code Annotated 1953. 3. Title 4. Sheriff v. Bd. of Comm. , 71 Utah 593, 268 P. 783 (1928). facto officer. 59-10-- etal to Arllr to 880 Gaylen Schaugaard etux Randy L Robinson etux 17-16- Frtsbey etux to O'Neil etux 887 Gerald J Lawrence 5. M 892 Burvldge Bennion D B Chris tens an etux to Howard N Tuttle etux to Watm St 902 Tintic v. Ercanbrack, 93 Utah 561, 74 P. 2d 1184 (1938). WE CONCUR: M Paulson etux to Harding etux Frederick Kent 919 -7, etal to $3350. 0 Grant Goo 230 Gordon 232 Charles F Tina Until such appointment is so prade and. filed and until such deputy shall have taken the oath of office, no one to Board 872 Rulon Jenkins Tr to MLchal Hlood Lesueur etux USA to crystal clear language says: etux to Allied Holding etux to John Zsvln Bean etux M He was required to take the oath, which was not dona; 3. etux Ed SLC Eight Iho to Res Has Iho G V&n three facts were absolutely necessary: etal to Dennison N Hamel man 868 Gam Glade Campbell Alan L'Egli'etux 871 Chrlstsnsm to Allen etux 222 Frank S Bennicn 229 Kola Baird etux to R T Neville etux to Gam Glade Canpbell etux Loma to Albert 219 Marvin J Carroll Cant Corp 227 J Norton etux 864 Harold Bldrs Iho to Edward etux Hm Moon R to Merlin Under the statute, it was possible that Hibler could have become a true deputy auditor, and could have legally conducted the sale, but ha never qualified as such. 867 Jos Rrtsel Tholen Fhglish J 852 Walter F Rau etux Inc to Stephen Ohran R Show Exq M J Marlar etux 173 Richard Catmull etux to Marcell M Garola etux 21 Jms Inv to Sandy Hills Iho 862 Roger Call B J Chipian etux to 848 Smith Robert 169 Kora Prothero Tito Id 845 E ed Mr. Hibler was a tax accountant, taking care of tax work end the preparation of tax rolls for submission to the county treasurer. He' was strictly an employee of the auditor and never attained the status, de facto er otherwise, of deputy auditor or anything else. M W W C to Jms Buoker etux Herrold etux 856 J Richard Andersen etux to Donald W Ranscn etux F etal Owens 0 Carl Cllnger etux to Stephen S Cllnger etux A Plaintiffs purchased uexendants' property at the "May Sale" conducted to sell property to satisfy delinquent taxes. The county auditor must conduct the sale under our statute. Plaintiffs then sued defendants to quiet title thereto, and defendants counterclaimed, urging that the sale was conducted by one Hibler, not the auditor, and an unqualified person. Plaintiffs conceded that he was not qualified de jure, but claimed he was a de facto deputy auditor and as such capable of conducting the sale and effectively passing title. so-call- Sipherd etux 120 E F Gerstner etux 152 Appeal from a summary judgment for plaintiffs in a quiet title action. Reversed with instructions to dismiss the complaint and enter judgment on the counterclaim. Costs to defendants. G 844 Lynn Jen sen etux to E J Chipian etux Bates L Peterson etux to A etux 042 Dale 842 E to A 843 John etux 088 Weston Daw etux D Hansen etux IIENRIOD, Justice; 840 Donald L Party etux to Kenneth V Gledhill etux to Pat Larry Bldg lei .. L. M. Cummings, Clerk to Jean Milkovich to Dan Gillespie etux Elma Carlson Refer etux to Harvey Ritfl Gallegos etux Rbt Moyes etux Alcorn etux Mo Court 097 I Joseph S. McAfee and Anna A. McAfee, his wife, Defendants and Appellants. etux to Freddie Tospe 833 Kmt E to FILED v. 831 Wesley Roy Brown etux Ehniss 066 Ralph V No. 12390 August 4, 1971 Max Mo etux to Bnld 056 Alma Saohs Simon - 826 St Johns Evangelical Lutheran 838 W Seely etux Cooley etux Curtis Page and Evelyn Page, his wife, Plaintiffa and Respondents, A. Timothy 018 Timothy F Buehner etux Dick Morrison Tire Co 052 Nanoy Gerald Shell etux to 017 Paul Buehner etux F Buehner etux Erin 2397 Tr Ghle Land Tt etux Ralph Iho Co In The Supreme Court Of The State Of Utah hha Muroook Brian 013 Sherwood E Boberg to Sherwood E Boberg etux 044 Kirk's Kars 2ho to 3d to Davis King to Brookbank etux H J Stooks 300 A Silas L etal to Allan S Sea mona H MONDAY, AUGUST 9, 1971 THE DAILY RECORD FOUR PAGE M E. R. Callister, etux to Thomas etux Dudley Cecil H Ash G Jr. , Chief Justice Th 237 Fred A Volk Foods Co etux to Beatrice 936 Karen L Sandberg 244 Mackintosh etux to Jes J Dan R Petersen 245 The C 249 Jrdn HLdra Sup Bench A etal S Allan to Elizabeth Allen Anderson Edith 942 Francis J Ran s d Christen- sen Hunter to Ross 941 LaVar Heugley Fan Prtnrshp to Gam A Hunter Hollis J Cornell etux to Gam Christensen Const D Sec R. L. Tuckett, Justice 938 Ross 239 to 1st Bk all Meik etux etux to Carl Brinhall etal to Gerald J Frtsbey etux 946 Keith to Evelyn E 966 E Ray Cixidiok etux to Bernard P Brookbank 261 Ferris Eldcn Holmes Ronald K etux to Tiffany etux 968 Bnmark Gllok etux S 269 Allan J K Roundy etux Drew 272 Elorum M D Shirley 275 Jos E etux to Clif Tlschnor etux to 971 Svo Corp 276 Elsie Msy C 290 Hill to R to Ansi. Bruoe to Fbrrest to A Jones Fisher etux etal to Janes Beokstead etux to Alvin L Slaymaker etux Alma E 0 J J Richard Andersen etux to K Briscoe etux Alan 980 Edmund 0 Richardson etux Alfred D Hansen etux 966 Garth R M ELLETT, Justice: (Dissenting) The plaintiffs filed this action to quiet title to land which they bought at the May sale for delinquent taxes. The defendants, record owners of,the prop- -' erty, filed a counterclaim asking that their title be quieted. Both parties made motions for summary judgment, and the court ruled for the plaintiffs. There is no dispute in the evidence, and the only issue presented in this etux Seely 286 Ruth 969 Manfred Hennlg etux Denhan etux Heath Thomblad etux Baker etux J. Allan Crockett, Justice Cumins etux to Ralph Ernest Smith etux 989 Allan M Lipman Jr etux Gary G Badger etux to to appeal is one of law. The defendants as owners of a tract of land failed to pay general proptaxes for the year 1965 and thereafter. Pursuant to statute the property erty on was May 20, 1970, sold for taxes to the plaintiffs, who paid therefor the sum of $1557.62 by way of delinquent general taxes, penalties, and interest assessed against the land. The defendants could have redeemed their property from the 1965 delinquent taxes by paying the same, together with penalties, interest, and costs, at any time prior to the first day of April, 1970. This they did not do. By custom and practice, the record title holder is given a preference at the May sale, and he can have the land by then paying the amount due. If he does not do so, then the land is sold at auction. The defendants point to no failure or irregularity on the part of the tax- continued on page 5 |