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Show PAGE THE DAILY RECORD THURSDAY, APRIL 27, 1972 THREE I I Trust Deeds Births Mr. and Mrs. David E. Walker 5755 So. 150 West, Kearns, Mr. and Mrs. Daniel B.Dunford 1962 E. Sylvan, son Mr. and Mrs. Lowell D. Jacobson, 1101 West Lake Aye, son Mr. and Mrs. Burtin.C. Johnston, 1855 Locust Ln, son Mr. and Mrs. David W. Rosen-crant- z, daughter Mr. and Mrs. Meal F. Bradshaw 1160 W. 1775 So. Kearns, ; daughter Mr. and Mrs. Donald A. Nelson 5209 Piper Bl. Kearns, son Mr. and Mrs. Glen K. Olsen 136 W. 3300 So. son Mr. and Mrs. Eldon E.Fackrell 1383 Meadow Gate Cl, Granger, 1127 So. 283? West Granger, daughter Mr. and Mrs. Hugh B. Tanner, 610 Coatsville Ave, daughter Mr. and Mrs. Lester B. Wiley, 1736 Plum St. Murray, son Mr. and Mrs. Kenneth L. Brown 3313 W. 3650 So. Granger, son Mr. and Mrs. 1160 Neal F. Bradshaw 1775 So. Kearns, W. daughter daughter UNIVERSITY Mr. and Mrs. Kenneth C. Jackman 7190 2300 East, daughter Mr. and Mrs. Randall L. Morse ll3 1st Ave, daughter Mr. and Mrs. Donald C. Powell 110 Scott Ave, daughter Mr. and Mrs. Steve G. Hilton 3988 So. 2700 West, Granger, son Mr. and Mrs. Michael Montoya 106 W. Gregson Ave, son Mr. and Mrs. Jack P.Zupan 12 W. 200 No. Sandy, son Mr. and Mrs. Don C.Longmore 1933 So. 1055 West, daughter Mr. and Mrs. Robert S.Qlpin, 987 Woodshire Ave, Murray, HOSPITAL Mr. and Mrs. Joseph Thomas 506 University Village, son HOLY Mr. CROSS HOSPITAL and Mrs. W. Howard Van Orman, 2075 So. Timothy, Bou- ntiful, son , Mr. and Mrs. Joseph L.Gillen 5900 Rena CGL, Midvale, son Mr. and Mrs. Donald E. Drew, 2185 Imperial St. daughter Mr. and Mrs. Don &nith,219 E. 6850 So. Midvale, daughter Mr. and Mrs, Peter F. Leary, 150 13th E. daughter Mr. and Mrs. William H. Gentry 119 E. 2nd So. daughter Mr. and Mrs. Lawrence Swensen 3609 So. 5750 West, Hunter daughter Mr. and Mrs. James B. Osoro 5936 So. Rye Dr. daughter Mr. and Mrs. Skip G.Shadoan 1187 3rd E. daughter daughter Mr. and Mrs. A. Duane Nash, 8692 W. 3000 So. daughter Mr. and Mrs. John C.Eberhard 1920 E. Mlllbrook Rd,son Mr. and Mrs. Clive J. Knapp l80l Hollywood Ave,son Mr. and Mrs. Glenn Huffaker 1566 W. 1715 So. Kearns, son Mr. and Mrs. F. Reid Barton, Jr. 1926 Yalecrest Ave,son Probate Court A. Probate of Will Letters of Admr. Burton. etc. Hearing 5lQ 5896I - Kerr, Marion B. Probate of Will McKav. E. J. Skeen. Hearing 5lQ 58962 - Egan, H. Fred Letters of $6249. 6a 3291 S. 40 W. - 051 Bruce D. DeFriez etux to Walker Bank Sc Trust. $2632.18, 431LW. 4865 Evelyn H. Taylor to Walter Bank Sc Trust, $867.84. 2514 W. 7800 . 3313 Nielsen Way. S. In The Supreme Court Of The State Of Utah Layton Harris and Pearl A. Harris, No. 12619 Plaintiffs and Appellants, FILED v. April 12, 1972 Eula Tilley, Defendant and Reppbtadent. L. M. Cummings, Clerk TUCKETT. Justice; This case was the subject of a prior appeal to this court and in that appeal this court affirmed the judgment of the district court after a trial was had on the merits. The prior judgment was not included in the instant record on appeal, nor was it designated as a part of the record. We glean from the record now before us that on or about the time an execution sale was pending the defendant here filed what might be designated as a declaration of the homestead. Hearing was had upon the defendant's declaration and the court thereafter entered its findings and judgment to the effect that the defendant was entitled to a homestead exemption. It would appear that the court below interpreted the prior judgment of the court as being a money judgment with a lien upon the property here in question out of which judgment might be satisfied. find no errer in the record before us on this appeal which would justify this court in reversing the decision of the court below. It would be improper for this court to go behind the prior judgment and attempt to review anew the merits of that decision. We . The decision of the court below is affirmed. to costs. Respondent is entitled Admr. Letters of Admr. Letters of Admr. Trust Deeds 1200 So. Bountiful, daughter Mr. and Mrs. Robert Johnson, 502 E. 12th No. Bountiful, son Mr. and Mrs. Garth Talbot 39 E. llOO So. Bountiful, daugh. Mr; and Mrs. Gail Whetman, 578 So. 1050 East, Bountiful, WE CONCUR: F. Henri Henriod, Justice J. Allan Crockett, Justice r Gurney etux Roger to Locknart Finance; Western States Title, $3937. 5a 1102 Sego Lily 029 David H. CozakOs etux to 1st Fed, Sav. $17 600. 1578 E. 9th S. 037 Arthur M. Benson to son HOSPITAL Mr. and Mrs. Kenneth G. Clark Walker Bank & Trust, $72oaoa 33 S. 12 E. I606 E. Monaco Cl, son cannot agree with the prevailing opinion. The plaintiffs were managing the rental of defendant's residence. The defendant had permitted back taxes to accrue, and the residence was in need of a new roof. The defendant was unable to pay the taxes or to pay the costs of applying a new roof on the residence. It was, therefore, necessary for her to borrow money, and in order to borrow the money she induced the plaintiff Layton Harris to cosign a note with her. As a means of securing the plaintiffs from.having to stand the costs of the note, the defendant gave them a quitclaim deed to the residence. I G27 1. Sec. 28-1-1- In her J. On April 20, 1971, the U.S. Supreme Court ruled in favor of comBoard pulsory school busing in the Swann tt. case. of Education Chadottc-Mccldcnbu- rg busing of Doei this case mean cross-tow- n school children in Salt Lake City? Could the Courts order your child in an East Bench or Avenues School to be bused to an inner bring dty school? Now, JURISTICS Tapes you the landmark school busing decision. Listen to the ruling and find out how It applies to Salt Lake City residents. Hear the introduction, opinion and conclusion on the most important and controversial decision ever regarding school desegregation. U. 0, C.A. 1953. brief the defendant states: At the trial in Case No. 188517, the court declared title to the property to be defendant's and gave plaintiffs a money judgment against defendant in the amount of $10, 876. 91, for their repair and remodeling costs incident to said property. The court also granted plaintiffs a mortgage against defendant's property to secure the. amount of the judgment. Whatever might be the effect of that judgment and lien, it would relate back to the date of the deed. If it did not do so, then why would the court undertake to do that which the statute already had done? Turn Wasted Time Into Learning 1, Section U. C. A. 1953, reads: "From the time the judgment is docketed it becomes a lien upon all the real property of the judgment debtor, not exempt from execution, . . .." 78-22-- Time! ORDER TODAY AND SAVE 1 1 1 INC JURISTICS, Tha Daily Record 1397 South Main Salt LakaCHy, Utah 84115 Section Enclosed ITmy uwcVlor: 0 U. C. A. 1953, is as follows:' It can be played in any cassette 0 player. Just slip it in and push a button. Play it in the morning while you Total end. No article or species of property mentioned in this chap- ter or in the title Homesteads is exempt from execution issued upon a judgment . . or other valid lien thereon. . on foreclosure a mortgage .... added. Emphasis of I45 Whether the lien created by the quitclaim deed is called an equitable mortgage or not is of no importance. Certainly it is a valid lien, and therefore it cannot be defeated by a claim of homestead. Noraleo tape recorder SttJD Salee Tax ISEND TO: I jNsme - 3, v Tm lntereited in your rsswtta tape an tha school busing row. 1 understand 1 can alw Noraleo Model ISM purchase tape recorder (auggeatad lilt fMJS) for tha special orlcepfMlJO. Gentlemen: roaatta tapaa 78-23-- I would reverse the lower court and remand this matter for completion of the sheriff's sale and would award costs to the appellants. -- j Address I I City State Zip S, Kenneth T. Vigh etux to. Western Mtge; McGhie Land Title, $1580a0a ELLETT, Justice: (Dissenting) Taggart are getting up, or in your car while commuting to work, in your office, while traveling, or at any time when you are not mentally Tr. Probate of Will James Beleas. Hearing 5lQ daughter schedule. M4 Sc Samuel Bernstein. Hear 5lQ 58966 - Blazzard, Elmer J. DAVIS COMMUNITY th 2448- Haycock. Hearing 510 58965 - Kogut, Albert G. , JURISTICS has already gone to all the work to save you the time it would take to make an study of this This case. tape is vitally important to use, and convenient easy extreihely especially for the man with a busy Place. S. L. Mr. and Mrs. Wanless South-wic- k, 710 W. 100 No. Bountiful COTTONWOOD $2162.16, 4454 S. Jills Merlin Gerry Ashman etux to Walker Bank M5 Bravton. Lowe .Hearing 510 - Matern, Robert W. daughter W. M2 Bradford.Hear.5lQ 58963 - Kline, Stanley Earl Letters of Admr. Mr. and Mrs. John E.Hunt,l5l5 Driftwood Dr. daughter Mr. and Mrs. Donald R. Dalton 1363 9th East, daughter Mr. and Mrs. David V.Worthen 3715 W. 2935 So. Granger, Mr. and Mrs. L. M. ' $193Caoa 2950 Wendy. & Pjbrcey 557 Dunbarton Dr. daughter 868 Park Smoot. Hearing 5lQ - Trevithick, David R. Bqyden & Kennedy. Hearing 510 58959 - Hymns, Willard, A. Mr. and Mrs. David V.Nichol-so- n, 580 E. 5300 So.No.l, Murray, son Mr. and Mrs. Blair W. Holding 83I E. 3rd So. No. 10, daughter Mr. and Mrs. James Mumford SOUTH W. John K. Hansen etux to Walker Bank Sc T rust, M3 Steven Lee Wyllie etux to Valley Bank Sc Trust, 58956 Mr. and Mrs. Lee R. Cornelius 1810 Moor Mont Dr. son . - Williams, Virgil Probate of Will ,58956 Ml Callister, Chief Justice, concurs in the dissenting opinion of Mr. Ellett. 1 |