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Show TNI MfltMOl WEDNESDAY, JANUARY RECORD DAILY Warranty Deeds In The Supreme Court Of The State Of Utah Willow Canyon Dev 243 to Ernest Wolfert E etux H. V. Roper and Mary H. Roper, his wife, 246 ment No. 13337 Plaintiffs and Respondents, to etux 263 January 24, 1974 Bartholomew and Izola S. Bartholomew, his wife, and substituted party, Clair L. Dorius, successor to defendants, Defendants and Appellant. J. Blain P Land DevelopTerry D London B & FILED v. Coats etux A D to Alvin Phillips etux 268 Theresa S LeFevre to Theresa S LeFevre etal L. M. Cummings, Clerk William P Iccabazzi 275 etux to Eugene etux CA LUSTER. Chief Justice: Katherine 279 Section Defendants urge that it was error to require them to sell a share of U. C. A. their property to plaintiffs on the ground that Section 1953, provides that all sales by referees must be made at public auction to the highest bidder. 78-39-- 24, The judgment acknowledged that there was a difference in the value of farm land and, therefore, ordered plaintiffs to pay defendants the sum of $200 per acre for four acres for the farm acreage, which was within the U. C. division line. This order was within the purview of Section A. 1953, which provides: 78-39-- 41, When it appears that partition cannot be made equally among the parties according to their respective rights without prejudice to the rights and interests of some of them, and a partition is ordered, the courts may adjudge compensation to be made by one And in all party to another on account of the inequality; cases the court has power to make compensatory adjustment among the parties according to the principles of equity. .... The remaining points on appeal are a mere restatement of the prior points and do not merit further discussion. The judgment of the trial court is affirmed. Costs are awarded to plaintiffs. C Dansie W 295 The Eugene S Ferguson etux Sara 170 to Ronald 172 to D to Price Ventures Nicholson Hatch etux Blake Heights Midwest Realty John Linf ord etux 196 to Mary May Knighton Mary May Knighton etal Midwest Realty 173 N S 182 Corp Pre Bishop Church Jesus Christ The 306 to Ned B Baker etux Ben L Scott etux Bernard 310 to 2583 176 Ruth E Gemmill Nevada Utah Assn Seventh Day Adventists to 177 Salute Development to Sine Enterprises P Ray E Watrous Mihlber- - ger 324 I George Olsen etux Downing to George Trujillo etux Maureen 331 Bianchi K Roberts etux K George John Johnson etux W Kramer etux etux 217 etal Anderson etal 229 Skyview Development to Rozell to Clarence etux 215 Gerber to J Richard Lehman 206 Mortgage Inv Trust to Lawrence G Bowman H D Belcher Belcher Howard R Hargrove etux to Ronald Keith Colwell etux Wilford A R D 234 Thomas Flynn Evans Wolstenholme Delphia to David etux R D Jeffrey Galbraith etux to David M Kennedy 235 etux W 533 555 Jones Hinkson Pyper Anderson C Smith Smith etux Robert to Christ ens en etux to Stephen etux G Rose G Curtz etux Bartley K Curtis etux to Anthony Capitano 393 etux 395 Bartley M Cragun to Builders to Henson etux Midwest Construction A Barker etux M Day etal Wayne A to Schoenfeld etux Arthur Robert Triplett Jr etux to David 0 Mehr etux 566 Treasure ers to Ralph Home Build- Kiss etux P 651 Second Stokely 657 Guy E Armstrong Realty to Continental Oil K Richard H Bradford etux to Douglas Stinson etux Porter Brothers Realty to David Coleman etux Curtis H 703 Loyd J Barlow Co Coach to Dan C Simons etal 713 Orville etux to etux 716 719 M Lewis to John Jim F Brown etux to Arley B M etux to Rose Milano 380 S Taylor Smith etux to Henry C Duehlmeier etux 391 Owens V to Robert Stahl ' etal 702 Gale J 552 Phoebe James M Day Allied Holding H 389 Haran L Heath D to Laurel 374- - M Barbara Charles 676 C J Neil Ronald J Quentin Shirley Valley Center Robert Brock R Gulbransen etux 372 386 Donald 565 Vern L Chapman A Butler Smith Smith etux etal to Robert 530 aka Maureen K Bateman to Frank Crawford H etux to David etux 525 Lydia D A Delgado Jeffrey etux D Melva 2583 329 Building to Albert Nevin Graves Jr etux Amanda & Equity Realty W Larson J Richard Andersen etux to Frank J Bell etux 502 etux to etux to Jerry Leon Hyde etux Bell Mountain to Mitchell James Lilly-whi- te 325 Barr L Ale ate Corp 486 to Joann to. Mortgage Inv Trust 455 Gail W Larson to Avard R Rogers etux 484 336 James Michael Const to Gail Robert R Marshall etux to Wayne A Lloyd etux C to Co L Young and Sons to Philip 316 etux to Dean etux 228 454 477 318 Bird R L R Inc Brockbank etux to John L Skeen etux etux to Bernis T Mount Olympus Waters 469 2583 360 Gordon Coulam Woodbury etux to Edgar Merle Mohwinkel etux 223 Gladys Ball amis to Fladys Ballamis etal 227 Fred L Shaffer etux to Investors Land Tsui N Wong to Martihdale to Jasper 452 Sine Enterprises to Osterloh Co 299 362 L Hansen efcuY Stein McDonald etux 449 ' etux Warranty Deeds Blooming, etux to Wagaman etal to Alvin R. L. Tuckett, Justice etux E Gottfredson Tr to Franklin Elman Wilcox E Dansie C Wagaman to 3-- J. Allan Crockett, Justice Rex L 441 Lucille 291 338 A. H. Ellett, Justice M etux to Louis etux 411 Nielson N Boyd Michael 403 Harry Interstate to to Daniel F. Henri Henriod, Justice to etux 424 Ivory etal to Skyline Chemical and Supply WE CONCUR: etu Crus Brothers Wayne Eggers 401 Const Curtis Call etux etux . K etux to Olsen Russell 287 discretion. 399 Curtis N John Sterling Grant etux to Michael William Martel Nodson referees may designate the several portions by proper landmarks; the determination to employ a surveyor to aid the referees is committed to their Bartley etux to Jerry etux 419 Joseph J Reeves etux to Eva Goings C. A. 1953, specifically provides that the K Gerald W Jensen etux to Margaret K Osterich Co to Sine Enterprises U. Bartley 283 Defendants contend that the judgment, which incorporated the proposed partition of the referees, was in error on the ground that it described the division by a corral fence and other landmarks rather than ordering a survey and designating the number of acres awarded to defendants. 13, 397 Palmer E 414 Frances Hazel Thurgood to William Jill 292 Jill Lucille 78-39-- etux to James etux J Richard Andersen etux to Louis Herrera etux The statute upon which defendants rely by its express terms applies to a person having an outstanding lien of record, who is not a party to only the action. Defendants' assertion that the referees failed to 'give them an opportunity regarding the proposed division is without merit. According to the order of the trial court appointing the referees, it was incumbent on the parties to the action to contact the referees and arrange an appointment. - Carl Lars en 284 78-39-- 160 M th Defendants claim that they were entitled to a statutory notice as proU. C. A. 1953, by the referees in regard to their vided in Section of partition. proposed plan to Winberg 281 -- one-four- M etux to Evan Evans etux Plaintiffs filed this action to partition certain real property in Sanpete County, which they owned as tenants in common with defendants. There were six parcels of land involved; plaintiffs and defendants each owned a one half undivided interest in four of the parcels, and in the remaining two, plaintiffs owned an undivided three-fourtinterest, and defendants an undivided the appointment of three referees The court ordered trial interest. to partition the property. The referees recommended certain division lines, which were subsequently adopted by the trial court. A judgment was rendered decreeing partition in accordance with the report of the referees. Defendants appeal. hs SO, 1974 Stuard Vaughn Bitner Homes of Utah F Anderson etux Lewis to Michael etux T Homes of Utah S Robinson Porter Brothers Realty to Jay F Pierce 721 Jr etux |