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Show Page 2 Sugar House, Utah January 9, 1958 INDEPENDENT by Richard J. Maughan, B.S., L.L.B. A month ago we discussed an aspect of the law which is one of the bulwarks of our soci- - ety - the con-tract. This concept of be-havior is ever-prese- nt, and is one with which we in-cur rights and duties every day. A recent pamphlet pub- - , - day. However the common acceptance of the word and the present practice of real property law gives a simpler definition. A .deed is an instrument which conveys real property, i.e., land. Let me hasten to say that it is a highly technical instrument, and its drafting" should not be attempted by one not trained in the law. A deed is a contract. It is a contract . in the sense that the grantor (the person selling the land to another) agrees to trans-fer, or convey his land to the grantee (the person buying the land). When the grantor agrees to transfer by a warranty deed, he makes certain "warranties" as to the fitness of his title to the land, and what he will do in the event that the title is not fit. Briefly, the seller or grantor says that there are not leins or encumbrances attaching to the land, unless he, specifically mentions them; he further says he will protect the buyer from loss because of any liens or encumbrances which may attach to the land and about which the seller did not tell the buyer. The buyer is supposed to get everything which the deed is intended to pass, and if he does not, the seller is supposed to protect him from loss because of the failure. This picture changes when the grantor agrees to transfer by Quit-Clai- m Deed. In this instance he agrees to transfer only such interest in the land which he has. This may be much or little or nothing at all. Another kind of deed will warrant the title to the land only insofar as the one trans-ferring the land is concerned. In this type of instrument the seller or grantor says, in effect, that he will protect the buyer only if he (the seller) did some-thing which adversely affected the title. Let me repeat. Deeds are highly technical ' instruments. When dealing in real estate, whether as the buyer or the seller, make sure that you know what you are doing. The quick-est and least expensive method of determining whether you are doing what you intend to do, is to see your lawyer and get his advice. In subsequent issues we will discuss other forms of written cantracts which once signed become a part of our lives. lished by the Utah State Maughan Bar Association described our association with the law of con-tracts this way: "You are not only making agreements but you are relying on other people's promises and you are basing your plans and making your decisions on the faith that these agreements will be carried out. Our whole system of free enterprise and trade is based, to a large extent, upon agree-ments and promises to do some-thing in the future. These oral agreements are contracts and probably the great majority of contracts that all of us enter into are never put in written form. Of course, many agree-ments must be in writing to be valid. If misunderstanding should arise, the difficulty lies in proving the existence and terms of these oral contracts. There-fore, when business transactions are made, an agreement in writing should be used. 'A contract drawn by your lawyer would be designed to avoid the unfortunate and costly disputes which are usually based on; honest misunderstanding. if you completly understand a contract before you sign, the chances are you will have no difficulty and you will avoid fraudulent, unfair or ill-advi-schemes. You will NOT be protected, however, unless you "READ BEFORE YOU SIGN.' A natural corollary to the foregoing statement appears to this writer to be, "YOU WILL NOT BE COMPLETELY PRO-TECTED UNLESS YOU ALSO SEE YOUR LAWYER BEFORE YOU SIGN" SOME OF THE MORE COMMON AGREEMENTS Agreements which are always written and signed to render them valid and enforceable are Deeds, Leases, the Chattel ' Mortgage, the Conditional Sales Contract, Checks, and. various forms of bills and notes. For the next few weeks we will discuss some of the effects of these legal instruments with which-w- e are now, or will be in some way or another, associated THE DEED What is a deed? At common law a dsed is defined as a writing, sealed and delivered by the parties. To a large extent this defination would serve to- - S) YDUR 1 7HIGHWAYS1 MX BY J ; IAY SCOTTvy j ''v' f 4 I :'T''r" v.g-- ' Would you like to save as mud as S 1 50 a year on your luto's up keep Well, then, first of all reac the owner's manual. Cross-switr- ! your tires every .i.OOO miles and l sure to include yout spare. Checl the wheel alignment Hae )u battery water cheeked frequently -- every two weeks in summer, once i month in wintertime. Plan youi driving. This could save a mucr as one gallon out of every three ir city driving. Only one President has ever leen arrested for speeding. He was IJ. S. Grant who was ruhhed by a Washington, D C. cop for driv-ing a two-hors- e carriage clown Pennsylvania Avenue at "unrea-sonable speed " General Grant paid a $." fine and complimented the policeman for doing his duty. few w rfiisa .5 ilm :-- Women drivers ar Letter than men in signalling their left hand turns ay$ Dr Ahram M. Batch, State University. Delaware, Maine, Louisiana, Minnesota and South Dekota resi-dent motorists received teflective license plates this year. These plates, visible from 2U0O feet away at night, help reduce after-dar- k accidents. Walrus hides, diapers and women's golf gloves are used to build autos, trucks and other auto aroducts. The hides are used to make friction drives for coil wind-n- g machines, the diapers to polish and clean parts and the gloves to protect workers hands in lacing and tying wiring. NOTICE NOTICE OF DISSOLUTION Notice is hereby given that the partnership of William E. Lee, M. D. Naylor, Jr., and M. D. Naylor, Sr., doing business as Lee Naylor Co. will be dis-solved, effective at the close of business on January 2nd, 1958, and thereafter each of the part-ners will be liable only for their own obligations. Signed M. D. NAYLOR, Jr., and M. D. NAYLOR, Sr., Partners ROBERT B. HANSEN, Attorney 65 E. 4th So.. Salt Lake City. Utah Date of first publication Jan. 2, 1958. Pub. in S. E. Independent Jan. 2, 9, 16 & 23rd, 1958. SOUTH EAST INDEPENDENT 1123 East 21st South Dial IN 32 Or HU 5-8- The South East Independent is entered as Second Class Matter, March 1, 1946, in Salt Lake City Post Office under the act of March 3, 1879. It is published each Thurs-day morning. South East Independent is pub-lished by the News Bulletin, Inc., and Sugar House Press, Inc., at 1123 E. Twenty-Fir- st South St Sugar House, Utah. Subscription rates are , 3.00 per year by mail. Single copy price is ten cents. Publisher Clair King Editor Emma D. King NATION A I E D l T O A i NOTICE TO CREDITORS Estate of Frank H. Berrett Deceased. Creditors will present claims with vouchers to the undersigned., care of Ramon M. Child, attorney at law, 201 Dixon Building, 2188 Highland Drive, Salt Lake City, Utah on or before the 30th day of April, A.D. 1057. Signed Emory Watts Berrett, Executor of the Estate of Frank H. Berrett, Deceased. Date cf first publication Dec-ember 26, A.D. 1957. Ramon M. Child, Attorney for Executor. Pub. in S. E. Independent Dec. 26th Jan. 2 - 9 - 16. NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale. By virtue of a chattel mort-gage executed by Credit Finance and Carl R. and Elva Johnson, dated the 30 day of April, 1957, and upon which default has been made upon which is due $1,040.42, we will expose for sale at public auction on 18 Jan., 1958, at 10 a.m. o'clock, at 1063 East 21st South, Salt Lake City, Utah, Certain property men-tioned in said mortgage as fol-lows, to wit: 1952 Chevrolet, 4 door sedan, Motor No. K A D 597342. The terms of the sale will be made known on the day of the L. F. Williams Asst. Mg. Pub. in S. E. Independent, Jan. 9 and 16, 1958. NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale. By virtue of a chattel mort-gage executed by Credit Finance and Robert L. and Shirley Mer-ryhe- w, dated the 25 day of Jan., 1957, and upon which default has been made and upon which is due $513.67, we will expose for sale at public auction on 18 Jan., 1958, at 10:30 a.m. o'clock, at 1063 East 21st So., Salt Lake City, Utah, certain property mentioned in said mortgage as follows, to wit: 1 Norge Refrigerator, Serial No. 249362. The terms of the sale will be made known on the day of the sale. L. F. Williams Asst. Mg. Pub. in S. E. Independent, Jan. 9 and 16, 1958. 4 mm (Ml andMS 1 ElSftllitlB KARPET-KAR- E Developed by mokers of Bigelow Rugs and Carpets We offer the . . . FINEST in CARPET and FURNITURE CLEANING Call for . . . FREE information New Fall rates Estimates HU5-073- 1 Custom Floors Co. 1370 South 21st East COLD SUFFERS Get STANBACK, tablets or powders, for relief of COLD DISCOMFORTS. The STANBACK preicription type formula is a combination of pain re-lieving ingredients that vork together for FASTER RELIEF of HEADACHE. NEURALGIA and ACHING MUSCLES due to colds. STANBACK also RE-DUCES FEVER. SNAP BACK with STANBACK. IHGR0WN NAIL SfcseA HURTING YOUT ;y-- Relief.' A few drops of OUTCRO bring blesse.l reli- -f from tormenting pain of. ingrown nail. OUTGKO tout-hen- s the skin underneath the nail, allows the nail to be cut and thus pre-vcii- 's iurther pain and discomfort. i avall'-b- at all drug counter. ' Start the new year rght and subscribe to the South East 4 Independent mm muscles fUiieve pains of tired, sore, aching --nuscles with STANBACK, tablets or powders. STANBACK acts fast to bring comforting relief . . . because the STANBACK formula combines several prescription type Vty'idients for fast relief of pain NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale. By virtue of a chattel mort-gage executed by Credit In-dustrial Loan and John S. Wheeler, dated the 15 day af March, 1958, and upon which default has been made and upon which is due $1,127.30, we will expose for sale at public auction on 18 January, 1958, at 12 noon o'clock, at 177 East 9 South, Salt Lake City, Utah, certain property mentioned in said mortgage as follows, to wit: 1 davenport; 1 upholstered chair; 1 gold chair and foot stool; platform rocker; Bendix TV; 7 lamps; 1 chrome set 4 chairs; gas range; 1 refrigera-tor; 1 automatic Washer; 1 occasional chair; Bendix radio; 2 book cases; 3 rugs; 1 desk; 1 bed set complete; 1 metal cabinet; 1 mahogany chair. The terms of the sale will be made known on the day of the sale. A. S. Glbbs Manager Pub. in S. E. Independent, Jan. 9 and 16, 1958. rrn?7Ivcsy ,jl""t mrr'rr'i - rrrF:r"rT . r's VA' kJr'n t, k n I - s T - if- .5 Jf - ' ? W ' ' ,tt- - v 'frV 1 . V XjANDLUBBING shrimp boat "cruises' down the highway at Cameron, L&., amid a scene of deso-lation left hj narrieue Audrey winds zaA waters. . . . 0 : For repairing public facilities, the Federal Civil Defense Administration has so far allocated the area . $2,650,000 in Federal .disaster relief funds. XLake Charles, La., American-Pres- s Photo) '.' |