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Show P.gt2 Sugir Hou. Ufth Thurdiy February 13, 1958 INDEPENDENT ' by'Richcrrd J. llaughan. B.S.. LL.B. , The . law Is the last result of human' wisdom acting upon human experience for the bene-fit of the public Samuel Johnson ; , (1709-178- 4) FORCIBLE ENTRY AND . . DETAINER i The law of forcible entry and detainer is a pointed example in justification of Samuel John-son's KtAtemp.nL This law in Its fundamentals, , Is of universal ap-plication in the' United States,! and its primary; purpose is to set- -' tie and, deter-mine disputes in regard - to, the --J V The heart of his expreaion is "none from henceforth shall make any entry into lands and tenements but in cases where entry was given by law; and in such cases not with strong hand nor with multitude of and easy manner, and if any man from henceforth shall do to the contrary, and thereof be duly convicted, he shall be punished by imprisonment of his body." A subsquent statute of Rich-ard's (15 Richard U) extended this attitude to forcible detain-ers.;... a forceable detainer being a situation where one having secured the possession of land resorted to force to retain it. ' , TIIE -- UTAH STATUTE Today we have the fundament-als of these statutes in force in the state of Utah. Our statute is in', eacstance. for exactly the same reason, . that Richard decreed his. It sets up a peace-able procedure for determining who should f occupy land, and how one should go about getting it back or retaining it. UNLAWFUL DETAINER i This related; thread of law In the eeamless web postulates the existence of a landlord-tena- nt . relationship and burj statute sets forth the various kinds of tenancies to which its provisions apply. The frame-work of the statute sets forth five different situations which are intended to tell when he is entitled to help in his sovereign, viz., the state of Utah. Agricultural tenants are covered by a separate provision, and the methods of procedure are different for them. The re-tena- nt is also covered, and the tenant allowed the basic re-medies against his undertenant. The chief difference between forcible entry and detainer, and unlawful detainer is that in unlawful detainer situations the person in possession of the property is there under some claim of right to begin with, and he is there "in the beginning under a . right given to him by contract. The abuse of 'these rights may bring the statute into operation. PROCEDURE UNDER THESE STATUTES Each of these statutes have their own peculiarities, and procedure under them is te-chnical. It must be done right and with precision. Many are the examples where one wrong move on the part of the party attempting to use these statutes, has deprived that perjson of what would have been right-fully his. . . SEE YOUR LAWYER 1 ' Kossessloh-- ' of--- -! , . land in a pea&J11 f.til. fashion.,' In other words, .its object is-t-o pre-serve the peace of the commu-nity during the determination of opposing claims to the right to possess land. In common law countries (these are generally the Anglo-Saxo- n, English speaking coun-tries) this ; law had its genesis during the reign of Richard H of England. The initial expres-sion of the law is to be found in the" Statute of 5 Richard H, which was proclaimed in the year 1381. ,'. Prior to the enactment of this statute, the common law then in force in England allowed one who had been depossessed of his land to regain them in such fashion and by such methods as were calculated put him back in pos-session. In doing so, the -- one seeking recovery of his lands was not bound to be too concerned with what happened to the per-son he was throwing off his property. The human animal be-ing what was and is, we can ee that one of the first things which would occur to most peo-ple to effect recovery would be the use of force force in the amount and kind necessary to effect recovery the quickest. This privilege allowed by the ancient common law, while be-ing some kind of a means of settling land disputes, was also a major cause of unhappy dif--f erences among the king's sub-jects, and a disturbance of the peace of the king's realm. The attitude of King Richard II was not such as to cause him to lose much sleep over the individual effects of this privilege of self-hel- p, but it annoyed him to have the peace of the community dis-rupted with little intemicine strifes which jeopardized his right to control the destinies of his subjects and his realm. Thus he enacted his statute. NOTICE TO CREDITORS Batata of William Edward Wlnkworth, Deceased. , Creditor will present claims with .vouchers . to . the under-signed 'at 415 Ness Building, Salt Lake City. Utah, , on or be-fore the 23th day of March, A. D. 1938. . Glen L. Wlnkworth, Administrator of the Estate of Wil-liam Edward Wink- -. worth, Deceased. Date of first publication Jan. 24, A. D. 1958. Pub.: Jan. 23 30, Feb. 6 13, 1958. NOTICE IN TIIE DISTRICT COURT OF THE THIRD JUDICIAL DIST, IN AND FOR SALT LAKE COUNTY, UTAH SUMMONS No. 115188 MARIE G. PINKERTON, Plaintiff, vs. DONALD EDWIN PINKERTON, Sr., Defendant. THE STATE OF UTAH TO THE ABOVE NAMED DEFEN-DANT: You are hereby summoned and required to serve upon Dean W. Sheffield, Plaintiffs attorney, whose address is 415 Ness Bluld-in- g, Salt Lake City, Utah, an answer to the complaint within 20 days after service of this summons upon you. If you fail so to do, judgment by default will be taken against you for the relief demanded in said com-plaint, which has been filed with the clerk of said court. This Is an action for divorce. Dated January 21, 1957 DEAN W. SHEFFIELD Attorney for Plaintiff 415 Ness Building Salt Lake City, Utah Pub. in S. E. Independent Jan. 30th - Feb. 6-- 13 & 20, 1958 SUMMONS Civil No. 115189 In the Third Judicial District Court in and for County of Salt Lake, State of Utah PEARL ANN CHANEY . Plaintiff vs. BENJAMIN HARLEY CHANEY Defendant THE STATE OF UTAH TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to serve upon Dean W. Sheffield, Plaintiffs attorney, whose address is 415 Ness Build-ing, Salt Lake City, Utah, an answer to the complaint within 20 days after service of this summons upon you. If you fail so to do, judgment by default will be taken against you for the relief demanded in said com-plaint, which has been filed with the clerk of said court, and a copy of which is hereto annexed and hereby served upon you. This is an action for divorce. Dated January 28, 1958. DEAN W. SHEFFIELD Attorney for Plaintiff . 415 Ness Building Salt Lake City, Utah NOTICE la tie District Cetxrt f Ca Third Judicial District 1st sad Ut Salt Lake Cr8tat of UfcJx of lien Foredoture No. 11573 Walker Bank & Trust Cetapaaj, Plaintiff, vs:- - . J. Henry Smith and Thelma Smith, his wife, Anderson Lam ber Co., corporation, and Or-ril-le Krenhed, dba Wasatch Furnace Co., and Jack R. Fisher, dba Jacks Plumbing and Heat tag Co., Defendants, Orville Evershed, - dba Wasatch Furnace Company, , . Cross Complainant, vi: . J... Henry Smith r and . Thelma Smith, ' his ' wifeN, , . f , l ) i Defendants. Notice Is hereby given that Orville Evershed dba. Wasatch Furnace Company ' commenced an action in the above entitled proceedings for the purpose of foreclosing his lien against the following described real pro-perty and premises situated in Salt Lake County, Utah to-w-it: Commencing North 75 degrees 0051" West 945.86 'feet from South one fourth "Corner Sec-tion ; 7, Township . 2 , South, Range 1 East, Salt Lake Meri-dian, North 74 degrees 58'3r West 26.7 feet; North West-erly along a 100 feet radius curve to left 20.22 feet; North 83 degrees 06'45" West 246.41 feet; South 260.85 feet South 83 degrees East 13 feet; South 75 degrees 51 East 191 feet; ; North 17 degrees 42'47" East 239.06 to beginning. 1.43 acres. No. 21-144- 3. . v; - All lien claimants are hereby given notice that they shall ap-pear before the Honorable Judge of Division 1, of the above en-titled Court, In the Court Room thereof, in the City and County Building, in Salt f Lake Ci, Utah, on the 20th day of Febru-ar-y, 1958, at 2:30 p.m. and then and there exhibit and prove their liens against the above described property and premises. The failure : of any lien claimant to appear at the time and place specified, and exhibit and preve their liens against the said property shall be a waiver f rights to prove suK lien, . Dean W. Sheffield, Attorney for Orville Evershed dba Wasatch Furnace Company, 415 Ness Buildin;, Salt Lake City, Utah. Pub.: Ja. 23 30, Feb. 6 18, 1958. NOTICE TO CREDITORS Estate of Henry L. Love and Josephine Bush Love, Deceased. Creditors will present claims with vouchers to the undersigned at 415 Ness Building, Salt Lake City, Utah, on or before the 25th day of May, A. D. 1958. Josephine Love Cardall, Administratrix of the Estate of Henry L. Love & Josephine Bush Love, Deceased. Date of first publication Jan. 24, A. D. ,1958. Pub.: ! Jan. 23 30, Feb. 6 13, 1958. NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale. By virtue of a chattel mort-gage executed by Miller Finance and Del W. Cook and Betty Cook dated the 3 day of Sept, 1957, and upon which default has been made and upon which is due $2,728.55, we will expose for sale at public auction on 14 Feb., 1958, at 2 pjn. o'clock, at 373 So. Main, Salt Lake City, Utah, certain property mentioned in said mortgage as follows, to wit: 1957 DeSoto Two Door Hard-top, Motor No. 58017774. The terms of the sale will be made known on the day of sale. EARL JOHNSON, Manager. Pub. Independent 2--6 and 13. SOUTH EAST INDEPENDENT 2020 South Main Dial Hu 61 The South East Independent is , entered as Second Class Matter, March 1, 1946, In S-- l' Lake City Post Office undci the ac of March 3, 1879. It is i published each Thursday morn-ing. The South East Independent is published by the News Bulletin Publishing Co. at 2020 South f Main, Salt Lake City, Utah Subscaiption rates are $3.00 per year by mail or ten cents the single copy. Send all mail to box 136 Sugar House Station, zone 6 Publisher Clair Klnc Editor Emma D. Kins - NATIONAL EOITOB 3KI lAcr--' - The men of Christ Memorial Church are entertaining their wives at a Sweetheart Dinner which is to be held at the church. For entertainment, Mr. and Mrs.' Thomas A. Purton will show some of the pictures taken while they were visiting Greece. Those What clean, refreshing shaves you get with a (Bfilfflettte SMBfflZKMT Hatched to n your face PfcTI B(5 JJ.EACH with Blue Blade Dispenser and Styrene case ' '; : - i k TOUR SUaAlt HOUSE SECURITY MERCHANT Ne Need To 6t Downtown Fer KEYS LOOKS REPAIRS PARTS or SHARPENING We axe a Factory Authorized Service Btatioa for LCN Doer Closers, Ike Oecar a IUxsea Co. Sargent Locks deters Adaaaft-BJt- o Ce. and "LAWNBOY America'! Modern Fewer Mower Service at your home or store toe. RUDY'S KEY & REPAIR SERVICE ISIS South Uth East In Sugar Htw PhUM HU t-M- Tl s tears ixrno IB HOI . Dee Skating I For FUN and Health Iceland IN5-8S1-1 12th East, 21st South . ; For Schedule DIAL: Visitors Mrs. Glen R. Anderson has just returned from a trip to Coronado, California where she : visited with her daughter, Mrs. S. F. Price the former Elaine Anderson. She Was gone for three weeks, just visiting and relaxing before returning to her home at 1703' Yalecrest Avenue. in charge of the dinner are G. D. Davis, John S. Persinger, and Dr. G. A. Odgers, Minister of J the Church. |