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Show THE DAILY RECORD MONDAY. DECEMBER 11, 1972 PAGE Trust Deeds 2191 to Jordan HLdrs. Supply Draper Bank $20,800. West 318 Jordan. 186 to - W. Lake Fount aine City. Jay Stokes to Lawrence 330 190 192 Wendell L. Sorensen etux to Cont. Bank $7518.96. 5365 South 2715 West. Phlll Harris etux to R. 337 511 513 357 to Prud. SL Postal Fed. 517 Em. Cr. 523 Zellers etux to Western Sav. $32,100. Donald L. 527 Brennan to Prud. Fed. Sav. $12,300. U07 Kensington Avenue. High J. 530 Brain David Judd etux to Tracy Mtge. $17,050. 2512 West 8315 376 532 South. William M. Wilson etux to Prud. Fed. Sav. $3l 900. Ili25 East South 53l Midgley dux to 381 Peter r Zions 1st Nat. Bank $31, 500 . 653 South 13th East. 382 Michael E. Crowley to 536 510 109 Steven J. Stong etux to St. Sav. & Loan $3900. 1631 Ivy Circle. Bradu K. M. 119 Theressa R. Haslam to 356 Benef. Fin. $2753 North Seventh West. MaryB. Barret to Company $1531.80. 128 129 First East Best Avenue. 511 516 Way. Wellington Circle. Wayne First 127 116 150 153 Henry Galvan etux to First Sec. Bank $26,000. 8085 South East. L56 Kurt Gatzemeier etux Cont. Bank $10,000. 3938 8671 Sou th Wally Jacobson Inc. Valley Bank $20000. to South 11th East. Somerville etux to First Sec. Bank $17, 690 Gordon K. Larson Edward N. Berg etux. Tom A. 1536 West Wickie C. Ronald H. Brunner etux to Bettilyon Mtge. $21,000. 30l0 Eart 7115 Souths L. Keith Bell etux to Draper Bank $1215 .21. M. 723 to . Jones to Milan etux to Hills Inc. to C. Vernon Langlois Ida C. Anderson. 72l Same as 723. Mervin Stephens and Alice P. Stephens, W. Stephens and Ann Stephens, his wife, Jack H. Stephens and Pat Stephens, his wife, and Lowell M. Stephens and L. Stephens, his wife, Defendants and Appellants, his wife, Layne to 1386 Willow Vista Thomas A. Green e tux to Pali Street. Farrell R. Christoffer sen etux to Western Mtge. $23,150 . Circle. 5052 Englewood to 567 Ruben B. Lucero etux Tracy Mtge. $18,000. 1218 Blue jay Street. 570 Dale S. Stephens etux to United Sav. $2l,100. 5136 Cordon Bleu Way. Donald L. Parr etux to United Sav. $20,200. 5092 Cordon Bleu Way. Cep. etal 096 A. John F. Walker to Miriam Walker. 125 Harold Lavar Fox etux to Cont. Thrift. 160 Lawrence B. Kolber etux to United Sav. $L7,l50. 3729 Hillsview Circle. Randy S. Johnson 577 J. P. Enterprises Inc. to First to Sec. Bank $83,000. 35 Century 588 Park Way. Charles E. Rogers e tux tc United Sav. $19,900. 3327 LaMancha Way. etux to Dennis 0. Wilson etux. 196 Dennis L. Christoff ersen Owen Forward etux to Terence etux. FILED November 27, 1972 L. M. Cummings, Clerk trial was had, and the only question we need canvass here is whether the suit having been filed on advice of counsel provided a defense against a The question arose as an issue at pretrial, on motion for nonsuit based on failure to prove lack of probable cause, awd also on an objection to the admission of evidence as to circumstances proposed to show good faith, full disclosure to counsel and the latter's good faith advice concerning a meritorious action. The trial court remarked that if he were the fact finder, he would probably find that defendants here had probable cause, but that judges don't have that prerogative. The evidence was ruled inadmissible, but counsel, in the absence of the jury, was allowed to proffer evidence to show that after a full disclosure of the facts, the plaintiffs in that case filed suit upon advice of Mr. Skeen, a reputable attorney for several decades, who was counsel in that case, and the one here. The trial court gave the standard instruction on the elements constituting malicious prosecution including that of lack of probable cause, without mentioning or including the circumstance that advice of counsel might be a factor to be weighed. Counsel duly exceptecl thereto. This court on a number of occasions, has said that full disclosure to a reputable attorney is a defense to a malicious prosecution action allegedly arising out of a case where an accuser has filed an unsuccessful criminal action against the plaintiff. The instant case presents an identical factual situation as to lack of probable cause as is the case of criminal prosecutions, and a case of first impression in this state. We can see little difference in principle between the two, and subscribe to the rule enunciated by our sister state in Allen v. Moyle to the effect that advice of counsel is a defense in such actions, either civil or criminal, if the action was re instituted in good faith in reliance thereon, given after a full and fair of the facts to such counsel. 1. Cottrell v. Grand Union Tea, 5 Utah 2d 187, 299 P. 2d 622 (1956); and cases cited therein. 2. Allen v. Moyle, 367 P. 2d 579 (Idaho 1961). dia-closu- 57l Karl Adalbert Karl Petzinger etux to B. Todd Eagar etux. Appeal from a judgment entered on a jury verdict for plaintiffs in a malicious prosecution action. Reversed and remanded for a new trial, with costs on appeal to defendants. malicious prosecution action. to 079 No. 12775 A City. to Jesus Crhlst to Church 070 Sandy City. to Boyce, 700 Golden Loan. 063 Patricia F. Gurr Dwight Gurr etux. Salt Laurence E. Toole etux to Lomas Nettleton, $23,600. 15 East Fourth South. 629 Jay M. Rasmussen etux to Prud. Fed. Sav. $33700. East 5930 South.. Strike Inv. B Assoc, I United. Sav. $17,150. 572 Benito Quinonez C. etux to Heme Benefit $18,600 1028 North American Beauty Drive. George Frances Baronetti I Monroe P. Rucker 689 etal to Frances Baronetti. This action has to do with a suit instituted by defendants against plaintiffs to enjoin them from using a septic tank which defendants claimed would pollute their spring some several hundred feet down-hollo- w from Mutton Hollow. Drive. Drive. John Raymond Apple etux to First Fed. Sav. $30, 000. 2628 East Manor Drive. 1518 Darol Jean Russell to Sec. St. Bank Louisville Cir. Harold T. Ayrton etux to First Sec. Bank $16,500. to Strike Inv. & I. Graham etal Graham etux. Lucille Strelich. i Ralph D. Brinton W. Lucille Strelich to 052 053 Milton Korous etux to Robert G. Grant etux. 675 686 Douglas Edward HENRIOD, Justice: Robert F. Legare etux to Am. Sav. $17,150. 572 160. Robert C. Hoffman etux Bank $16, 500. 113 Dorothea Way. 127 Morton Ridgecrest Drive. Paul S. Campbell etux to Zions 1st Nat. Bank $25, Star Crest Drive. to 2191 0l6 etux 551 F. Lawrence etux to Sec. Bank $16,500. Prestige Bldrs. David J. Black to David Black etal. United Sav. $20,600. Kenneth L. Larsen etux Valley Bank $7921921. Salt Lake City. to First Sec. 113 Bank 552 565 111 Hunsaker George E. Robinson Lake 563 1:39 etux to 928 Douglas I. Graham Douglas I. Graham etux. Glazier. v. William L. Angus etux to United Sav. $17,300. 3119 South 1180 West. 3780 West. Ivan A. Martinez etux to United Sav. $1.6,500. Gary L. Mach an to 0l7 Hi Country Estates Inc. Roy Singleton. 813 Evelyn Porschatis Johnny B. Chavoz etux. to 2193 to V. Richard Odell Perkins and Dorothy Perkins, his wife, Plaintiffs and Respondents, Pali Street. First Zito etux to Ciy. Quit Claim Deeds 653 Isabell In The Supreme Court Of The State Of Utah Larry A. Fixmer etux to United Sav. $17,150. Ann 633 Lake Sandy. East Pali Street. Richard Prud. Fed. Sav. $10,000. 3611 West Stubbs etux to Stephen Y. Perkins etux to United Sav. $18,650. 585 East Pali Street. Marjorie Salt William L. Abbott etux to 750 J. Iyndon K. She well etux to Valley Bank $2911. 20. 650 687 631 Drive. 767 Pinewood South East. 150. Terrence Milton Bills etux to United Sav. $17,150. 611 East Pali 3662 551 J. Davis etux to Valley Bank $6219 .60. W. Byron L. 1911 John P. Graves etux to Utah Mtge. $26,550. 611 Bangerter Hendrickson Enterprises to Prud. Fed. Commonwealth Mtge. $20, 800. 389 East 3300 South 619 Kurt Gatzemeier etux to Cont. Bank $10,000. 3938 South 11th East. to Nicky 1895 135 512 519 Fed. Sav. $11,000. Metropolitan 608 611 George G. Leyba etux to Samll Business Adm.,Tr. $15,000. 2237 Federal 1961 Sherner etux to 3180 2756 161 West Durdham Lane. Lockhart D. Max 971 Sav. $33,750. L. Brent Fletcher etux to Lockhart Co. $5888.61. 1570 Willow Road. Prud. Fed. Sav. $7500. 5117 Breckenridge Drive. Fortuna etux to Eugene E. $1,6,500. South 1120 West. 121 Thelen etux to L. M. Sproul etux to St. Sav. & Loan $Ll,100. 23l East Second South. 636 5907 2191 60l $16,500. etta to Draper Bank $1212.60. 1399 South Sneddon Drive. 118 Wayne E. to First Sec. St. Murray 1st Thr. $558791. 312 Ramona Avenue. 107 Drive. 593 East Temple. M. 65U Lombardy Street . ) 37k Inc. to Prud. Homes First - Ronald L. Winner etux to First Sec. Bank $16,000. 3193 South 9100 West. 1005 Zions First Nat. $22,500. 369 North 700 East. 1310 Souty Lynne Lane. 368 Pride Land Dev. to Gee. Bank $18,200.- BAP Sav. $26,900. Building. $1552.60. 2822 South 3050 West. 363 598 Herbert Lees etux to United Sav. $16,500. 1991 East 10600 South. Am. J57l Frank Strasburg Hannan etux to l7th South. Wilshire Drive. Drive. Lone Peak 596 Commonwealth Mtge. $18, 000. 750 Kensington Road Ball in Street. Cecil Const, Sav. $30,850. 591 Jesse Fielding Cannone etux to Am. Sav. $22,100. Fed. Sav. $20,850. Zions 1st Nat. Bank $3000 2137 to First $98,800. 1373 East Farmers State Bank $2113. 20. 1276 Colorado Str. 326 Bank Quit Claim Deeds Belview. 2191 Rogers Const & Land Dev. 589 5907 Belview. 188 to Capitol Thrift. $2931. Salt Lake City. 321 Sec. Bengtzen etux $8379.83. Thr. Capitol Wilford Salt 320 B c. P Keith C. Saunders etux to Utah Bank $2961. 1383 Old Mission Road. 319 David G. Johnson etux to Prud. Fed. Sav. $36,000. 2965 Creek Road. 157 302 FIVE Plaintiffs say defendants did not plead the defense there is no piece of paper filed to that effect the defe'nse they urge.wasAlthough certainly pleaded and urged at pretrial, on motion to dismiss, by proffer of proof by timely exception to the instructions, - no one being surprised in this case. |