Salt Lake Tribune | 1906-07-21 | Page 8 | Opinion is Modified

OPINION IS MODIFIED Ordered by Supremo Court in Case of Sanford Vs. Kuukel Et Al. The Supreme court donlcd the petition for a rehearing In the caso of Benjamin Sanford ct al., appollants, against Mark Kunkel ct al., respondents. Thursday, but the original opinion Is somewhat modified modi-fied The opinion ordered that a hou3c. against which plaintiff had a Men and which was removed by tho Utnh Lumber company to satisfy a claim It had for materials furnished, bo sold to satisfy a claim of the Morrison-Merrill company. It is shown that this was an error, as the evidence disclosed that tho Morrl-son-Mcrrlll company had a claim against land othor than that upon which the house was locatod. Tho opinion is modified modi-fied to tho extent of ordering tho sale of the land from which the house was moved to satisfy the various claims, and If the amount derived Is not sufficient to proceed with tho sale of the house which was removed, as It Is held by the court that the removal of the house does not discharge the Hen. The opinion was written by Justice Straup and concurred in by Justice Mc-Carty. Mc-Carty. Chief Justice Bartch Is of the opinion that a rehearing should be. granted.