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Show 1 . 20 BOX JOURNAL, Brigham City, Utah Thursday, September 18, 1975 ELDER ISIr ,v U4 zdL IN THE DISTRICT COURT OF BOX ELDER COUNTY, STATE OF UTAH DOUGLAS N. HOLMGREN, et at., Plaintiffs, UTAH-IDAH- SUGAR CO., et O al., Defendants. NOTICE OF PENDENCY OF ACTION Civil No. 29193 TO: All persons having a contract in Sugar writing with Utah-IdahCompany or Bear River Canal Company worded in the terms of Exhibit A" attached hereto, modified only as to annual assessment or rental which will include such contracts provido ing either $1.00, respective heirs, representatives, successors, and assigns will faithfully observe and be bound by all and singular the terms, conditions, and covenants, hereof and of that certain resolution of the Board of Directors of the said Company respecting the sale of water-rightduly passed on the 16th day of January, 1903, and recorded on the 20th day of January, 1903, at page 525 of Book C of Water, of the records of said County of Box Elder, as amended by a resolution of said Board of Directors duly passed on the 28th day of December, 1903, and recorded on the 29th day of December, 1903, at page 20 of Book D of Water of said records, which said resolution amended as aforesaid is hereby referred to and in all respects made a part of this contract, except as to the price per acre of a perpetual water-rigwhich is hereby mutually agreed and understood to be s, vs. $1.50, $2.00, or $4.00 as such annual asssessment or rental. $3.00 You are hereby advised, pursuant to Order of the above Court dated August 25, 1975, of the pendency of the above action which was commenced on October 28, 1974, against defendants, Utah-Idah- o Sugar Company and Bear River Canal Company, for determination of the validity of annual water assessments in excess of the fixed annual amounts in the respective water contracts of the plaintiffs with said defendants in excess of the stated contract amounts if the excessive assessments are held to be invalid. Plaintiffs have filed this action on their own behalf and as a class action on behalf of all such contract holders similarly situated. Notice is hereby given pursuant to the provisions of Rule 23(c)2 of the Utah Rules of Civil Procedure that: 1. The Court will exclude you from the class if you request exclusion in writing on or before the 25th day of October, 1975. Persons who request exclusion will not be entitled to share in the benefits of the judgment if it is favorable to the plaintiffs, and will not be bound by the judgment rendered in this case if it is adverse to the plaintiffs. Requests for exclusion should be sent to the Clerk of the District Court of Box Elder County, Brigham City, Utah. A form for this purpose is available at the office of the Clerk of the District Court of Box Elder County, Brigham City, Utah. 2. The final judgment entered in this case will include, and will be binding upon, all members of the class who do not request exclusion whether or not the judgment is favorable to plaintiffs. The judgment will apply to all who the Court ultimately finds to be members of the class. 3. If you do not request exclusion, you may, if you desire,, enter an appearance through counsel of your own choosing. The plantiffs are represented by Elliott Lee Pratt of Clyde and Pratt, 351 South State Street, Salt Lake City, Utah 84111. The defendants are represented by Wilford M. Burton of McKay, Burton, & Thurman, 500 Kenne-co- tt Building, Salt Lake City, Uah 84133. If you do not request exclusion, and you do not enter an appearance through counsel of your own choosing, the above-name- d counsel for plaintiffs will represent your interest in this case. DATED this 10th day of September, 1975. BY THE COURT: $ 2 of the aforesaid resolution of January 16th, 1903, shall not be construed as extending to the Consumer the right to the use of more water than shall be necessary for the irrigation of, and for culinary and domestic consumption on, the lands described in the Consumers contract. The word leakage, as employed in paragraph 13 of the said resolution of January 16th, 1903, shall be construed to include seepage, and the said paragraph to exempt the Company from all losses or damage upon the lands mentioned in the said paragraph 13, caused by seepage, leakage, or overflow from the Companys canals, ditches, or laterals. The consumer... further agree... to pay the Company the deferred payments hereinafter set forth on or before the dates respectively mentioned with interest as provided in the resolution hereinbefore first mentioned by Maude R. Harris Maurice Thomas, who is seriously ill, is being treated at the Bannock Memorial hospital in Pocatello. He entered the hospital Tuesday, Sept. 9. His wife is with him constantly and is the guest of Dr. and Mrs. Wayne Smith at their home. Among others who have visited with him are Mrs. Laura K. Gibbs, Mr. and Mrs. Dan Thomas, Mr. and Mrs. Dev-er- e Harris, Mr. and Mrs. E.T. Hoskins, Mr, and Mrs. Wendell C. Hall, Mr. and Mrs. Larry Howell, Mr. and Mrs. Glen Morris. Mr. and Mrs. Bob Nichols of American Falls were weekend guests of Mrs. Nichols parents, Mr. and Mrs. Clifford Hoskins. Iris Blaisdell of Pleasant View and Vera Morris conducted a meeting advertising nutritional products at the home of Mr. and Mrs. Chester P. Neal Thursday evening. Mrs. Bruce Roderick was treated at the Oneida hospital in Malad from Monday until Wednesday. Mr. and Ms. Cleon John of Salt Lake City spent the weekend here. Present Program Mr. and Mrs. J. Golden Ward and family of Tremonton presented the program at Sacrament meeting here Sunday evening. Speakers were Timothy, Jonathan, J. Paul and Mr. and Mrs. Ward, who also presented musical numbers. The other Ward children, Janus, David and Jeremy and Mrs. Wards parents, Mr. and Mrs. Howard Neal of Malad were also present. Arthur L. Gibbs and Mrs. John F. Conley visited with Mr. and Mrs. Roy Salisbury of Newton Thursday. Mrs. Rose Harris and Miss Twila Howell of Salt Lake City are spending the week here at Mrs. Harris home. Mr. and Mrs. Norman Harris of Kearns spent the weekend with them. Mrs. E. Wynn John family members Wednesday at the Elks Lodge in Ogden where they honored her brother Sharrell A WATER CONTRACT NO. 3835 THIS AGREEMENT, made this 9th day of November, 1960, between Sugar Company (hereinafter called Utah-Idah- o the Company), and Robert M. Brough, Tremonton No. 1 of the County of Box Elder State of Utah, (hereinafter called the Consumer), Witnesseth: That in consideration of Cancellation of Water Contracts 2263, 888 & 2720 Dollars, to be paid by the consumer. ..to the Company as hereinafter specified, and in further consideration of the covenants and agreements of this contract, the parties hereto mutually promise, covenant, and agree to and with each other as follows, to-w- The Company, subject to the terms and conditions herein set forth and mentioned, agrees to convey through its canals and laterals water for the irrigation of, and for culinary and domestic consumption on, the following described tract. ..of land situated in the County of Box Elder, State of Utah, t: (LEGAL PROPERTY DESCRIPTION) The parties hereto mutually promise and agree to and with each other that they and their Williams of Malad at a birthday dinner. Those present were the guest of honor and his wife, Mrs. Leona Williams, Kay Dean Williams of Malad, Marie Goodey of Clarkston, Bonnie Johnson, Ogden, Rosalee Hill, Downey and Mrs. John. Mr. and Mrs. Earl Henry and family attended the Utah State fair at Salt Lake City Saturday. Elder J. Neal John entered the LDS Mission home in Salt Lake City Saturday prior to his leaving for the Texas, Dallas mission. Those who accompanied him were his parents, Mr. and Mrs. E. Wynn John, his brother, Larry Lynn and sisters, Marlene, Peggy Sue, Leona, Mary Ann and Melonie. Sunday Guests Sunday evening guests of Mr. and Mrs. Devere Harris were Mr. and Mrs. Mer Christensen and Mr. and Mrs. Arch Showell of Tremonton and Mr. and Mrs. Corless of California. Ronald Williams left Monday for Billings, Mont., where he will enroll in automotive college. Brad Gibbs is enrolled at USU in Logan, Janet Allen is enrolled at Steven Henegar Business college in Ogden and Kevin John at Snow college at Ephriam. Donald J. Gibbs of Kaysville spent several days during the past week at the home of his parents, Mr. and Mrs. David P. Gibbs making some home improvements. Mr. and Mrs. Devere Harris visited with their and daughter, Mr. and Mrs. Craig Smith and daughter, Ami, at Rexburg Monday and Tuesday. From there they went to Henrys Lake and returned Tuesday night. Mrs. Ralph Howell left Saturday to spend the week in Thatcher, Idaho with her and daughter, Mr. and Mrs. Don Forsgren and family. The Fors-gren- s have a new grand son-in-la- w son-in-la- daughter who is a great granddaughter of the Howells. The childs parents are Brent and Annette Thomas. Sunday guests of Mr. and Mrs. Woodrow Clark were Mr. and Mrs. Jeff Clark of Logan, Mrs. Sarah Clark and daughter, Alta of Malad and Mr. and Mrs. Afton Zundel of Portland, Ore. Stay the Weekend Mr. and Mrs. Darwin Hoskins of Layton spent the weekend here as guests of Mr. and Mrs. James E. John. Mr. and Mrs. Wendell C. Hall attended the Utah State fair and the Ice Follies at Salt Lake City Thursday. Mr. and Ms. Roland Hall of Salt Lake City visited Sunday evening with Mr. and Mrs. John F. Conley and Mr. and Mrs. Wendell Hall. Mrs. Ellis Allen attended the wedding ceremony uniting her niece, Miss MerLynn Thompson and Robert D. Barson at the Logan LDS temple Friday. The same evening Mr. and Mrs. Allen and family attended the reception honoring the couple at Clarkston. Mrs. VarC Flint hosted a dinner party in honor of her husband Sunday on his birthday anniversary with 20 percent including Miss Var Jean Flint of Ogden, Mr. and Mrs. Bart Flint and daughter of Fielding, Mr. and Mrs. Boyce Flint and family of West Point, Mr. and Mrs. Yarman of Farmington, Mr. and Mrs. Junior Hall of Brigham City, Brett and Blaine' Flint. Mrs. Ellis Allen visited with her sister, Mrs. Larry Jardine at the LDS hospital in Logan Friday. Mr. and Mrs. E.T. Hoskins attended a family reception in honor of newlyweds, Mr. and Mrs. Warren Nielsen of California at Tremonton Thursday evening. They also visited with their grandson, Ted Conger who had arrived from Edmonds, Wash., to enter the LDS Mission home in Salt Lake City. Elder Conger is the son of Leon and TheOra Conger and will serve in the South Carolina Mission. Dinner Guests Mr. and Mrs. Wayne Bedwell of Springfield, Idaho were dinner guests of Mr. and Mrs. Clifford Hoskins Sunday. Jim Udy brought his wife, Jeanetta home from the LDS hospital in Logan Saturday where she has been treated for the past five days for back trouble. Mrs. Laura K. Gibbs is the guests of Mr. and Mrs. Tom Shaw and family and Mr. and Mrs. Dale Thomas and family of Brigham City this week. Mr. and Mrs. Murray Hoskins and son Brent of Clearfield spent the weekend here. Thursday Mr. and Mrs. Devere Harris were guests of Mr. and Mrs. Burdett Pugmire of St. Charles, Idaho at dinner at Brattons in observance of the Pugmires wedding anniversary. Mr. and Mrs. Gibbs Allen left Tuesday for Enterprise, Ore., where they will visit with their and daughter, Mr. and Mrs. Ray Danielson and family. They also plan to visit at Walla Walla, Wash., with Mrs. Allens mother, Mrs. Mary Pie-pand her brother-in-laand sister, Mr. and Mrs. Ralph Reger and family. Mr. and Mrs. Joe Morris and Mr. and Mrs. Walter Morris of Garland attended the Utah State fair and the Ice Follies at Salt Lake City Saturday. They were overnight guests of Mr. and Mrs. James Yarman and family of Clearfield. They were also Sunday dinner guests of the Yarmans, the occasion being Mr. Morris birthday son-in-la- er anniversary. Mr. and Mrs. Larry Allen at Mantua church by Joy Jepperson and came back sporting an elk. newlyweds Julie and Steven went to Clarkston Saturday for a dinner at the home of Steve and Paulette Parker. While there they were able to visit with a friend, Dave Burgland from New York. A lovely fall reception was held in the Mantua cultural hall Thursday, Sept. 11 in honor of Christensen. Shades of orange and yellow adorned the festivities and attendants. Standing in the receiving line were Guy and June Higley, parents of the bride and Marilyn Lindberg and Darwin Christensen, parents of the groom. Cindy North stood as maid of honor with attendants Sue Bailey, Tamra Johnson, Billie Lynn Billings, Heidi Carr and Vickie Meldrum. Best man duties were performed by Randy Allerton. Were Hosts John and Sally Higley were host and hostess for the evening with Ben Higley as usher. The whole hall was transformed into a garden including a huge swing upon which were laid presents. Trudy Sorenson is now home from the hospital but on crutches. She will be tutored while having to miss school for another month, but all in all she is doing pretty well. Also on the sick list, we send get well wishes to Deanne Nelson, who is in the hospital recovering from surgery. Not to be out done by those other elk hunters, Dewey Sorenson got out his ole rifle for a special hunt at Jackson, Wyo. Tommy Palazzolos family Only One As I understand it, Annual assessments as follows: $1.00 per acre. Signed in duplicate the day and year first above written. SUGAR UTAH-IDAH- COMPANY By T. W. Cockayne Vice President yard dash, situps, pushups, standing broad jump and ball throw. He placed in the top seven in each event. We are proud to have Darren represent Mantua. AARP eyes meeting on Tuesday AARP board meeting will be held Sept. 19 at the Community center at 10:30 a.m. for all board members and officers. After the luncheon there will be a presentation of "Broadway Musicals by Drauca Holmes and Lucile Lawson. Then, coming very soon cn Sept. 23, a defensive driving course at the Community center will be held. Those inter1 or ested may call Classes will be 6 to 8 p.m. Tuesday and Thursday. 723-325- attended the Utah State fair and Ice Follies at Salt Lake City Saturday. Tyler Budge of Logan is visiting this week with his grandparents, Mr. and Mrs. Devere Harris while his parents are in Denver, Colo., on a business trip. Genius genius is a man who can do almost anything but make a living. Hes the same guy who shoots at something no one else can see and hits it. A Whatever you want in a luxunj car, Robert M. Brough Robert M. Brough Consumer Signed and delivered in the presence of HARRY DREW ACKNOWLEDGMENT OF COMPANY State of Utah, ss. County of Salt Lake On the 17th day of November, A.D. 1960, personally appeared before me T. W. Cockayne, who being by me duly sworn did say, that he is the Vice President of Utah-IdahSugar Company and that the foregoing instrument was signed in behalf of said corporation by authority of its Board of Directors; and said T. W. Cockayne acknowledged to me said corporation executed the same. Saraessa Holm, Notary Public My commission expires on the 8th day of March A.D. 1963. ACKNOWLEDGMENT OF manship. A car of performance and luxury. Maneuverable. Responsive a 5.7 Litre, Electronic-Fuel-Injecte- d Engine is standard. And -efficient. In EPA tests Seville got 21 miles per gallon highway and 15 mpg city. But remember, the mileage you s- if CVlllC get will be strongly influenced by how and where you drive. For California figures, see your Cadillac Dealer. CONSUMER State of Utah, ss. County of Box Elder On the 9th day of November, A.D. 1960, personally appeared before me Robert M. Brough, cosigner... of the above instrument, who duly acknowledged to me that he executed the same. Harry Drew, Notary Public My commission expires on the 21 Day of March, A.D. 1963. o .NOTICE TO CREDITORS Fred A. Woodyatt, Deceased Creditors will present claims with vouchers to the undersigned at Willard, Utah, 84340 on or before the 28th day of November A.D., 1975. Claims must be presented in accordance with the provisions of UCA 1953, and with Sec. proper verification as required herein. WRIT OF RESTITUTION NOTICE Civil Number 12919 To be sold at Sheriffs sale on the 25th day of September, 1975 at the hour of 12 oclock noon, on the front steps of the Box Elder County Court House in Brigham City, Utah all the right, title, claim and interest of the defendant(s) to the following described property size. In cars engineered to take it. Coupe deVille (shown). Sedan deVille. Fleetwood Brougham. The Calais. Cadillac Limousines. Plus Special Editions available with new "contoured pillow" seating. New colors and fabrics. Plus unseen advancements like the Freedom Battery that never needs water. And you may order Cadillac's Electromc-Fuel-Inject- Family Engine. The choice of '76 is at your Cadillac Dealer's now. Omer. J. Call Attorney for Executor Date of first publication August 28, A.D., 1975. Lot 3, Block 1, IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF UTAH IN AND FOR THE COUNTY OF BOX ELDER WESTLEY L. HANKINS and B. PATRICIA HANKINS, his wife, Plaintiff. Hidden Village provements belonging thereto. (To be sold for cash, lawful money of the United States of America.) of Sep- ARTHUR F. REDDING, Sheriff of Box Elder County, Utah By Newel Francis, Deputy Sheriff Perform a death-defyi- ng vs. HARRY KEITH FORSGREN and KATHY E. FORSGREN, his wife, Defendant. ORDER OF SALE AND 76 Subdivision, Brigham City Survey. Together with apand all impurtenances dated this 2nd day tember, 1975. SHERIFFS SALE Cadillac ipi t: Glen Woodyatt Executor of Estate of Fred Woodyatt aka Fred A. Woodyatt, Deceased act. Give Heart Fund Coupe, Custom Cabriolet or Convertible . . Eldorado '76 is one of the world's most exciting cars. With that blend of drive. rare sportiness and luxury that is Eldorado. Plus the maneuverability and addd front seat roominess of front-wheTogether with Variable Ratio Power Steering, Automatic Level Control and refinements for gia 1976, it adds up to remarkable roadability. . el Give Heart Fund. American Heart Association Personal size. T. Darren Sorenson went to Layton Saturday for the Scout Council meeting and was the only one from our stake to qualify for 50 Cadillac has it. Estate of Fred Woodyatt aka Calvin Gould Honorable Calvin Gould District Judge -- s- EXHIBIT ht Paragraph Fall reception held Maurice Thomas is hospitalized nMJIW IRIIMjlA Mantua Meanderings Portage Pennings r1 tlaoraao The choice of 76 is at your Cadillac Dealers now. 76 Of (KUICt |