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Show THURSDAY, MARCH 8, 1973 THE DAILY RECORD Trust Deeds Richard F. Stokes etux to Western Mtge. $17,150, 6737 Geroge Drive. 605 611 Permits Midvale Building In The Supreme Court Of The State Of Utah $123,850.00 Owner:The Simmons Co. BldriCulp Construction Co. forat ruction of office Riverside Country Club, a Utah corporation, Plaintiff and Respondent, Barton Const, to Ray First Security Bank $12 115 East 5460 South 000. Bountiful Electricity 663 . 666 100. 867 Earl 875 Bachtell Jr. etux to Western Mtge . $16, 500. 51 West Paula Cirdi 670 W 890 to 2172 1536 East. 600 South 892 60. 1350 Elmo Morrill etux to Sterling Circle. $13,50576 South 835 East. 903 Richard Owen Mitchell etux to Walker Bank East Spruce Glen Blake Dev. to Murray 691 Hal K. Larsen & Sons to Mtge. $16890. 1512 West 7000 Couth. 916 Ralph E. Goff etux to Deseret Fed. Sav. $35000. 1910 East. " 1st 2512 919 LeRoy K. Thrift $6052.50. Salt Lake City. $18650. Stephen Peterson etux to Prud. Fed. Sav. $31,9$ 731 735 Loa 939 Melvin Bewster etus Bank $6929.28. 1512 East 3015 South. Thomas to Valley Drive. G. Withers etux to Benefit Sav. $18500 7575 South 1561 West. Jearl 958 Robert Marriner Noel Nielson to Hearn Bnefit Sav. $23,500. 2839 West 2835 South. 96l Robert d. Huntington etux Bank $3731.10. Walker to 2776 East 1130 South. 965 163 East W. 1113 Wallace Gunn etux to American Sav. $19,600. 1153 South 2700 West. American Sav. $19,950. South 2700 West. 997 James F. Commerial $32,000. South. Security 2792 Bank 999 East 9100 to 836 '838 003 010 019 East 7800 to Alvin Avco 6787 817 851 855 . 658 027 N. Kelsey First Sec. St. 3071 The terms set forth in the Bar Commission's recommendation do not seem to be capricious or too onerous in light of the almost obvious professional indiscretion of the appellant, so that we affirm the order recommending the suspension, together with the conditions recommended for reinstatement. etux to Bank East Silvei Roger R. Brockbank etux ti Deseret Fed. Sav. $25500 7257 I. Butler etux to Financial. $9120. South 1195 East. South 650 East. 029 David R. Hastings etux to Deseret Fed. Sav. $21000. 1781 East 12300 South. 031 Loren R. Brockban etux to Deseret Fed. Sav. $21300( 6162 Vine crest Drive. 035 David A. Lovther etux United Sav. $17150. Charles R. Nelson etux to Zions 1st Nat. Bank $300, 0001 1638 East 10500 So. M. Scott misuse thereof. Lake Drive. Western Leonard Costanza etux to Walker Bank $23,000. 1881 East 12300 Sourh. Frank J. Fletcher etux to SL Postal Em. Cr. $2306. 10. 2818 Alden Street. Jon Drive Brent A. Dayton etux to Deseret Fed. Sav. $17 700. 1801 East 8000 So. $28950 . Sav. $33,960. 1779 Foothill Drive. 813 R. Griffin to Zions 1st Nat. Ban $53376. H. Bloomington. Elizabeth U. Hansaker to First Security St. Bank Mary Quong Mariana St. 952 Bloomington Roger Jerome Hulquist to Commercial Seculrty Bake $17,750. 3310 South 7195 West. 2650 Bank H Schafer etux to Western Mtge. $26300. 7980 West Adell. Lei and A. Coates etal to Tracy Mtge. $10,000. ' 5390 West 1060 South. $16,600. South. The record in this case appears clearly to justify the Bar's recommendation, and. to show that although the appellant represented the petitioner in a case where she allegedly was an accomplice in a murder case (which claim of complicity later was dropped), and represented her in recovering about $24,000 on an insurance policy covering her murdered husband, for a fixed fee of one third of such recovery (later reduced to one fourth thereof), he failed to meet the standards required of an attorney at law by violating the terms of an agreement to deposit the money in a trust specifically to be created for her children.. He failed to accomplish this fact, by commingling the money received with his own, and by failing to account to petitioner for expenditures made or advanced. The details adequately cannot be reviewed here since a substantial number of them were not made available, and without them, and together with those unsatisfactorily represented, there appears to have been a misuse of the funds and a concealment or inability to dispel some most compelling facts reflecting 2513 001 Louis Prud. Fed. Sav. $17,150. 613 Pico Street. 807 to F. Montgomery etux to Zions 1st Nat. $8100. 796 Steve Mackelprang etux 802 South 700 East. 1871 2980 West 2876 037 to South. Frank Sterling etux to First Security Bank $19 850. 2092 Mockorange. Nelson etux to ,a' Clerk This is an appeal from a Bar Association recommendation for a and as a condition of rein, suspension of the attorney-appellan- t, statement, that a) he pay the complainant a sum certain, admittedly due ($2, 163. 71), b) he settle amounts owing by him in excess thereof "by an appropriate judicial proceedings, or by agreement with her the complainant, " that c) he reimburse her for any reasonable attorney's fees and costs incurred by him in connection therewith (whatever that means) and that he submit proof of payment thereof, and that d) he reimburse the Bar for expenses anent the "disciplinary proceding sic. " Kendall D. Schneider etux Bank $8056.80. 809 Vine Street 205 Bqyd M. Cummings, one-ye- ar to Draper Larkin etux to L. 28, 1973 PER CURIAM: Am. State Sav. $20000. 1551 South 2200 East. 7153 February 60l0 086 Gary R. Stoddard etux 7l9 Richard E. Webster etux 771 to C. Lund, Disciplinary Proceeding. H. Joe Totorica etux H. to Francis 983 Finesse Inc. to American Sav. & Loan $16,000. East. 711 FILED Keddingon etux Bank $277972. 8330 South. Sav. $19,700 . South Main. No. 13033 In Re: Bird etux to Zions 1st Not. Bank $31, 500. 1190 East 2710 South. Barnard etux to Zions 1st Nat. Bank $8100. 262 South 700 Carl M. to Draper Owen 737 pertinent issue here, we believe and also conclude that the lone defendant here, Mr. Ferguson, himself successfully assisted in establishing plaintiff's case by the simple device of conceding 1:hat a fence had been in place between his property. and that of plaintiff and its predecessors, for about 75 years, and that there was a. gate between the two, which on controverted evidence had or did not have a lock on it, either of which contentions the trial court was at liberty to believe. There is no uncontradicted evidence that the right of way was denied or resisted tci the detriment of the plaintiff or its predecessors for 75 years, or strictly vas permissive, but there is to the effect that there was an open and uninterrupted use for a prescriptive period. We are constrained to conclude that under the evidence, showing a fence, a gate, and usage for so many years, and in the interest of repose of title by passage of time and such long usage, the defendant has little comfort in urging hie contentions at this late date. Bank. Mockorange Home As to 2) and 3) above, we believe and conclude that they .are without since 2) was not shown by satisfactory evidence, and 3) has no per- As to 1), the 920 Riddle Inc. to Prud. Fed. Sav. $12000. 1931 Nani Jose A. Ruesga etux to Tracy Mtg, . $19,800. 10508 Lakspur Driver. 725. N Drive. 19 Walnut Green. 713 2631 Justice; tinence, since boundaries or easements by acquiescence or adve rse possession may be established by user irrespective of source or chain of title initiated by ancient federal surveys, field notes or grants, reflecting no reservation against the acquisition of rights by prescription or othor type of use. Torres etux to First Security C. 709 merit, Road. 905 221 Dowington Ave $8200. etux Michael E. Long etux to United Sav. $21900. 696 Bennett etux to Lockhart Co. $10,018. 56. 1186 Qilead Way. 688 Jr. W. Wood Mtge. $18800. 1960 West Larkway , Gordon L. 687 Driver. to Western Clerk r Defendant is one of 14 defendants, the 13 others of whom, as property owners in the vicinity, reconciled their differences, if there were any, with plaintiff, by stipulation or consent judgment. Vries etal to Prud. Fed. Sav. $29200. Rudy De 900 Ronald South 2710 West Lockhart Co. 6125 Sav. $16500. 1916 Iymouth 2512 671 Terry Dee Jorgensen etux to Lochart Fin. $7767. 672 nited Thomas R. Butterviled etm Murray 1st Thrift lynch etux to Gary D. L. M. Cummings,. Appellant says: 1) the trial court erred since the plaintiff .and its predecessors did not show any right to the easement claimed; 2) th.at assuming, arguendo the establishment of such easement, it was destroyed by defendant Ferguson's adverse possession; and 3) that the U. S. survey supersedes any later claims by the state or others to lands whose claim. s of title are disputed. 8661 Aspen Way 900 . , Appeal from a judgment quieting title to an easement of ingress and egress, based on a recorded deed representing color of title, and prescriptive right by long user. Affirmed, with no costs awarded. etux to Cap. Barry R. Campbell etux to First Federal Sav. $27 U $10,235.50. HENRIOD. Thrift and Loan $3750. Salt Lake City . Christens H. Easton to First Fed Sav. $25,000. 2351 Eastbourne Drive. 669 $23 Smiley Dr. L653 West Road Ruhner E. Ashton, et al. Defendants and Appellant. First Federal Sav. W. Barlow etux to Zions 1st Nat. Bank $12, 000. 135 "K" Street. FILED February 28, 173 Preston Off J. A. Vicknair 903 Concord Way Owner Stephen 'No. 12938 v. Hook-up- s 613,615,617,619,621,623,625, 627, 629,631,631, 635, 637,639, 6ljl, 613, 615, 617 ,619, Sane as 611. PAGE THREE Bountiful Electricity Hook-up- s Off Greg Uffens Parker Way Renter Off John Strong 1610 S. Orchard Dr. Renter 94 N. Off James Smith 21 S. 200 E. 3 Renter Off Steven Rohrer 79 E. 500 S. Renter Off James Park 601 S. Main Renter Nielson 80 N. 600 E. Renter Off Vernon A. Madden 280 S. 425 W. C2 Renter Off Chess Knight Book Store Off Robert Gainsforth 267 S. 425 W. -- 4 Renter Off George G. Furgis 45 E. 400 S. Renter Off William A. Cardwell 33 W. 1000 N. Owner Off Patrick K. Adamson Off Larry Eckman On Off LaMonte 17 E. 400 N. -- J J. a-- ll Renter 315 Off Chess Knight Book Store 135 S. Main Renter 280 W, 400 N. Renter Cathie Velasquez 4 Renter 102 E. 550 N. |