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Show Met foot TNI DAILY RECORD WEDNESDAY, AUGUST 30, Tract Deeds In The Supreme Court Of The State Of Utah Water Service Agreements Sec. Tide, $16,500. Turqouise. Floyd V. Page 1145 summary judgment. Instead, Amoas states in his brief that he did not answer such interrogatories because the pendency of Case No. 132 "made the questions in the discovery meaningless at the time, " and that the required answers could not in good faith be made until that case was disposed of. The logic of this response escapes us as the need for appellants to make clear on die motion for summary judgment that their counterclaim did in fact contain new claims not included in Case No. 132, seems clearly apparent. 13234 Kenslgnton . Robin Keene Taft etux to Nat. Mtge; Sec. 959 Title, Brent P. Pratt etux Dieter R. Jung etux to Mtge Ins. Pioneer 978 W. 3711 S. mary judgment provisions, while the presence of a counterclaim predicated upon a good and substantial cause justifying a trial may bar summary judgment or may preclude the court from ordering execution of the judgment pending the determination of the counterclaim. Sav. $25, Miami. ' ' James M. Looney etux to Am. Sav. $2945( 0.00. 440 E. ,9400 S. ' Swallow Realty to Western Mtge; Back-ma- n Abs. $24,4001 645 E. 6270 S. 012 claims was filed. 9. Appellants' brief states Case No. 132 was tried in May 1971, but a jury verdict was set aside on July 28, 1971, and a new trial was ordered. V interlocutory appeal was denied by this court on October 19, 1971. 10. Rule 36 provides that each matter of which an admission is requested is deemed admitted if not answered within the time required. Rule 37 covers the consequences of refusing to respond to interrogatories. Phy the latter was not followed in this case is not apparent from the record Alex Banks Jr. etux toPrud. Fed. Sav. 019 $33750, 4696 S. 3075 E. Paul J. Mulliner etal 024 to Am. Sav. E. Cecil I. Montague 032 Larkspur. 039 r 050 059 918 938 John C, Jarman etux to Western Sav fc Ln. $15, 000. 87 Q St. 939 925 Dan L. Hill etux to The Lockhart Co; Western States Title, $1, 567.50. 6726 S. 2035 E L. Clayton Dunford et- ux to The Lockhart; Western States Title, $5000. 1835 Laird. 933 Garvin R. Daybell etux The Lockhart; Western States Title, $46-2- 0. to 3584 W. 941 M. Ryan 4502 Crest- - Oak A. Marlsosian 5365 S'. Cottonwood Carla Kooynan 626 Colorado Carl Tracy 3758 S. Carolyn Lora Spear 319 Bothvell 153 Marquis Cary D. Laraen 1210-12E. Bonner MA: 738 Rednaple 16 M. J. Thonas BloonBleld M. Peters 16th Ave 826 Lois Greenberg 683 Ellwood Crowell etux to 1st Sec. St; McGhie Sixth MA: 131 S. Hudson L.A. Cal. Emerson. Wm. J, Murphy etux to Benflcial Fin. $12, 600. 2120 S. 11th E. Thomas Whynn Sharp$14800. 4171 W. 5665 Max B. Clark etux to 1 st Sec. Bk; Sec. Tid 062 Ave Theusk Anggelos S. 2nd E. Haapton 1113 217 MA: Judith E. Haldersen 3585 E. 7800 Fred S. Cvargri 1370 E. 7240 S. Henry P. Fetlser 762 E. 5th S. MA: 763 E. 5th S. 747 E 5th MA: 763 E. Cary Connie O. Hamilton toPrud. Fed. Sav. 065 $15750. 4973 Eastrid-g- e 1178. Water Service Agreements P. Fetter Henry $30,000. 1930 Cecilia. S. 5th S. Balfour 4th S. 1212 V. V. Llgnell 804 E. 3rd S. Earl T. Haufaen 841 I. 'let S. MA: 3541 Ridge Dr. Warranty Deeds SchallC 2474- - Hartaan Rector, Hal K. Larsen k Sons Const, to Western Mtg Sec. Title, $14000. 6777 Dixie. Terrace Hills Dr.. Hal K. Larsen fc Sons Const, to Western Mtge; Sec, Title, $13, 000. 3778 Kentucky. 953 MA: 943 Hal K, Larsen fc Sons Const to Western Mtg Sec. Title, $13,000. 6696 Somerset, 944 Hal K. Larsen fc Sons Con. to Western Mtg Sec. T$le, $13,000. 6762 Somerset. 945 Hal K, Larsen Sons Const, to Western Mtge; Sec. Title, $13, COCL 947 3751 Kentucky. Barry John Bernards etux to Western Mtge; Sec. Title, $19750. 5146 S. 957 Persille. Daniel Balls etux to Western Mtge Loan; John J. Bacon etux to Joe F. Faulkner etux. 101 Austin A. Beal etux to Don R. Whitmore etux. Patsy, Pocatello Robert L. Campbell Jr 121 1539 etux to Lynn A. Nelson etux. Roberta 975 B. 2nd S. 1327 Roberta 2796 V. 2890 MA: S. Ron Bock 1984 Redondo Mrs. Howard Wlscoadtla MA: Quince 46 2032 ' Clare Chase to Nelson etux. P. ory 140 Myrtle A. Brown 344-3- fc ' 103 Spencer E. Saith MA: Hal K. Larsen fc Sons Const, to Western Mtg Sec. Title, $14000. Hal K. Lars sen fc Sons Const, to Western Mtge; Sec. Title, $13, 000. 3785 Hillsboro. Hal K. Lareen fc Sons Const, to Western Mtg Sec. Title, $14,0001 Hal K. Larsen fc Sons Const, to Western Mtg: Sec. Title, $13000. Fairmount. Jr . Steve Parker 1138 Shaman 942 3762 Hillsboro. 940 927 Mrs. 13th W. 1436 Yale - 3813 Ervin Roaero 993 Debonair MA: 2431 S. 3rd E. S. Von 3750 Fairmount. Beaver brook. Joseph B. Mertines 324 Dovnlngton Pual Mc- ies etux to Miller fc Viele; Pioneer Tide, Trust Deeds 5019 W. Richard L, Kuna etux 500. 1836 Michigan. 938 $17,000. Tire Rubber Co Inc. Fayette P.0. Box 202, SLC Goodyear 1451 Fred M. Babcock etux to 1st Fed. Sav. $28, 062 See footnote 2. See footnote 1 - first case. 8 A. L.R.3d 1361. Marguerite Cundick Jr. Schnidt Body 4 Paint 1229 S. 2nd V. $20600. 1545 The summary judgment is affirmed with costs to respondents. 916 Flllnore 2863 etux to United Sav; McGhie, $18300. 3218 S. 4140 W. to Western Mtgs 041 Appellants' attempt to justify and excuse their defaults upon the note and mortgage until these "other" matters are litigated impress us as being entirely without merit and interposed only for delay. We find no genuine issue of any material fact exists under the affirmative defenses and the existence of the counterclaim would not preclude summary judgment or stay foreclosure under the authorities cited. 937 Halter 0. Peterson Ghie, $29,0001 57 S. As to the allegations of the counterclaim, the record indicates that the alleged interference by respondents with appellants' operation of the mortgaged property is the "composite claim" upon which claim two in Case No. 132 is based. The allegation that respondents interfered with appellants' quiet enjoyment of their ranching operations by selling cows and calves to J. R. Broadbent is, in fact, the basis of another pending lawsuit, idle in the court, in which Amoss did filed in or before 1965 and still lying 11 The allegation of the counterclaim that not choose to join the Bennions. appellants were unlawfully dispossessed of the property on or about September 15, 1964, was the basis of the original lawsuit upon which this court rendered a decision in 1966. 12 The remaining allegations relating to a refusal to transfer stock certificates in Sheep Creek Irrigation Company, of flooding gracing lands between June and August of 1965, and of interfering with the water supply, appear to be the basis of the third, fifth and sixth claims in Case No. 132, and clearly part of the "other" matters mentioned in Case No. 153145. 2473- Garfield 872 Shadrock Paul N. Haupgatau 034 or the "other" matters were finally litigated. etux toAdm, Veterans Aff. $20434. 8587 Redwood, et- ux to 1st Sc. Bk; Sec. Tide, $22400. 1331 The allegations of the counterclaim are asserted as a part of the affirmative defense. An examination of these allegations and a comparison therewith to the claims in Case No. 132 and the prior appeals before this court convinces us that they contain no new claim nor any excuse that would justify appellants' defaults upon the note and mortgage until the counterclaim Jerry Lee Scheib fc Loan, $32,000. 8862 S. 1700 The note and mortgage contained no provision for deferring any pay ments due thereunder until these "other" matters were resolved. The first payment of $12, 204. 31 due on the note was paid. Annual payments in a similar amount were to extend into 1983 and any judgment obtained by appellants either in Case No. 132 or on new claims, if any, covered by the counterclaim could be used as an offset against such future payments. 915 1450 ' 003 t 9001 Vllllaas Glen G. MA: Joe M, Santistevan etux to Home Benefit 000 MA: 46 2474-- A good faith response to the Aforementioned interrogatories would clearly have established whether the counterclaim was predicated upon good and substantial new causes or whether it involved only a restatement of old claims already litigated or still pending determination in Case No. 132. As heretofore noted, the note and mortgage were executed by appellants pursuant to their written stipulation and in partial settlement of their claims against respondents in Case No. 153145. That stipulation exempted from such settlement and reserved for future determination what therein was described as only "other" matters. Thereafter, Case No. 132 with its 19 11. 12. 13. 4445 Tide, $22,500. - Gunnell 966 Harvard 625 Western Sav fc Ln. $25,000. 3358 Larch-mon- t. of a counterclaim. Rule 56 permits partial adjudications of issues and claims. In an annotation found in 8 A. L. R. 3d 1361, it is stated that as a general rule the presence of a counterclaim which is shown to be sham, frivolous, or without merit and interposed for delay is not in itself a bar to relief under sum- D.C. Page 2616 Kenwood X MA: Harry D. Slxpson to Summary judgment on a complaint is not precluded by the existence 1 $16500. 9436 Antimony. 976 1972 Penan Ln. Btfl, Douglas 0. Hughund 2601 I. Nantucket Mrs. L.H. Stratford 1343 Logan MA: 2777 St. Mary's Way Us. C. O'Hara 3550 R. Rings Cove Greg- Wm. L. Howick etux to Gary Schmucker etux. 152 E. Thain Carlisle etux to Prud. Fed. Sav. 153 Stanford C, Covert et ux to B. L, Rankin etux. 154 -- Equity Realty fc Const to Richard Donald Carter etux. 157 Robert C. Kuhn etux to Geo. K. Prothero etux. 165 168 Kenneth Ray Larsen etux to Frank Simkins Parks etux. |
