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Show pog0 2 Sugar House, Utah Thursday March 13th, 1958 INDEPENDENT Ignorance of the law ex-cuses no man; not that all men know the law, but be-cause It Is an excuse every man will plead, and no man can tell how to refute him. John Selden (1584-165- 4) In last week's column we saw the end of the struggle be-- Chancellor to Invoke the power of the court. If he does not come with "clean hands" he cannot receive the relief he seeks. EQUITY IMrUTES THE INTENTION TO FULFILL AN OBLIGATION. This can be illustrated by the example of a person entering into a contract by which he agrees to farm a particular piece of land in a certain way, the Equity Court would compel that person to use that land in just that way. In other words, when a person has an obligation to do a particular act, Equity will tween The Lord Chief Justice, Sir Edward Coke and Chancellor Elesmere. The conclusion o f this legal and political battle brought the Chancellor into Ms own as a dis-- , " penser of justice among the Eng-- Mr. Maughan lish speaking peoples, and es-tablish a' new court to which the people could look for a set-tlement of their disputes when the common law courts would not handle them. It was a notable advance, and it filled a vacant spot in the administra-tion of justice which had existed for several centuries. COLONIAL AMERICA The development of the early American colonies was con-trolled by these two separate bodies of legal rules those of the common law and those of the Equity Courts developed a set of maxims as guides with which to determine whether the power of the courts of Equity should be involved. These max-ims were applied to whatever case was before the court of Equity, once it had been deter-mined that Equity had the power to take jurisdiction of the case, i. e., once it had been determined that the courts of common law could not, or would not give relief. Let us look at some of these maxims, which illustrate what Equity is as well as what it does. compel him to do it. EQUITY DELIGHTS TO DO JUSTICE ' AND NOT BY HALVES. Once the Equity court has taken jurisdiction of a cause it will not only give such relief as is particurlarly with-in the field of Equity, but it will retain the cause until all the issues and problems before it (both legal and equitable) have been settled. There are many more of these maxims, all of which illustrate the power, ability, and purpose of the Equity branch of our judicial system. MERGER OF LAW AND EQUITY IN THE FIELD CODE. For a hundred years, the separate courts of law and Equity existed in America -- each doing its separate part in the " administration of justice. However, in 1848, in the state Of New York, the Field Code was adopted. This Code of laws was named after Dudley Field (brother of Stjephen Johnson Field, the United States Supreme Court Justice). This code accomp-lished the merger of law and equity by legislative fiat, in the following words: "The distinctions between actions and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and shall be in this State hereafter but one form of action for the enforce-ment or protection of private rights and the redress of private wrongs which shall be denominated a civil action."' Such a system exists in Utah today. Next week we shall have more to say about Equity in general and Equity in Utah. See you then MAXIMS OF EQUITY HE WHO SEEKS EQUITY MUST DO EQUITY It is clearly "seen from this statement that one who wants help from the court of equity must do what is fair and equitable in return. The Chan-cellor would not give relief to a litigant who expected justice to be done for him, but at the same time wanted to retain some again which would work an injustice to his opponent HE WHO SEEKS EQUITY MUST COME WITH CLEAN HANDS. Here it can be seen that one who comes to the Equity court for relief must be able to show a record of gdod 'conduct under the circum-stances which he brings to the ' court for settlement. He can-not be a party to any kind of inequitable or unfair conduct such as fraud, illegality, sharp-dealin- g, etc., and expect the Probatc And Guardianship Notices NOTICE TO CREDITORS Estate of Vern L. Duffin, deceased. Creditors will present claims with vouchers to the under-signed at 718 North 8th West, Salt Lake City, Utah, on or before the 7th day of July, A. D. 1958. ANN 31. DUFFIN, Administratrix, of the Estate of Vern L. Duffin. Deceased RICHARD. J.. MAUGIIAN. Attorney for Admnistratrix. Date of first publication March 6th, A. D. 1958. Pub. dates Mar.6-13-20-2- 7 NOTICE TO CREDITORS Estate of Lucy E. Colebrook, Deceased. Creditors will present claims with vouchers to the under-signed at the office of VV. Douglas Allen. 2121 South State Street, Salt Lake City, Utah on or before the 7th day of July, A. D. 1958. FATE HILTON and EDITH WISEMAN, Co-Execut- rix of the Last Will and Testament of Lucy E. Colebrook, Deceased. W. DOUGLAS ALLEN, Attorney for rix 2121 South State Street Salt Lake City, Utah. Date of first publication March 6th, A. D. 1958. Pub. dates Mar.6-13-20-2- 7 ANNUAL REPORT TO Tins BANK COMMISSIONER OF Tire STATE OF UTAH Report of condition of PIONEER SAVINGS AND LOAN ASS'N of Salt Lake City. County of Salt Lake, State of Utah. STATEMENT OF CONDITION AS AT THE CLOSE OF BUSINESS, DECEMBER 31, 1957 - ASSETS Cash on hand and in banks $255,507.69 U. S. Government obligations $200,000.00 Other investment securities 129,187.27 Accrued interest receivable on investments 4,932.65 334,119.92 First mortgage direct reduction loans . .2,218,366.21 F. H. A. Title I loans & home improvement loans 18,087.69 2,236,453.90 Loans secured by shares or investment certificates of this Association 16,490.80 Real estate sold on contract - 20,814.36 Stock in Federal Home Loan Bank 26,700.00 Office building . . $14,406.61 Less Dep'r $3,228.33 11,178.28 Furniture & fixtures $20,282.13 Less Dep'r. $3,781.80 16,500.33 Deferred charges 2,163.79 TOTAL ASSETS 2,919,929.07 LIABILITIES Unpledged Withdrawable Shares: Home Office Sub-Tot- al A Installment shares .... 2,121,810.85 2,121,810.85 Total Savings & Investment Share Accounts 2,121,810.85 Advance from Federal Home Loan Bank 200,000.00 Accounts payable 6,525.78 Due borrowers on loans in process 407,805.85 Advance payments by burrowers for taxes and insurance 9,338.98 Unapplied mortgage or contract payments 1,513.62 Permanent, reserve or guaranty stock 75,000.00 Deferred Credits to Future Operatiqns: A For unearned profit on real estete sold - Unearned Discount on Real Estate Contracts Purchased . 2,561.90 B For income collected in advance - Unearned Discount on Mome Improvement Loans . 3,334.54 C Discount on U.- - S. Obligations 385.99 6.2S2.43 Specific Reserves: C Reserve For Discounts 31,248.11 31,248.11 General Reserves: A Legal Reserve Paid In Surplus 15,000.00 B Federal insurance reserve (if insured) . 32,150.24 E Reserve For Bad Debts 13,253.21 60,403.45 TOTAL LIABILITIES 2,919.929.07 Total Number of Mortgage Loan Accounts 189 Total Number of Savings and Investment Share accounts. . 1326 STATE OF UTAH ) gg COUNTY OF SALT LAKE .. .- - j Robert E. Doidge, being first duly sworn according to law, disposes and says that he is the President of the above named corporation and that the foregoing report contains a full, true and correct statement of the condition of said corporation at the close of business on the 31st day of December, 1957. Dated this 23rd day of January, 1958. ROBERT E. DOIDGE President ATTEST G. Mann IAlan Solomon Jr. E. Doidge Subscribed and sworn to before me this 23rd day of Jan-uary, 1958. HELEN B. OLSEN (Notary Public) My Commission expires STATE OF UTAH OFFICE OF THE BANK COMMISSIONER I, SETH H. YOUNG, Bank Commissioner of the State of Utah, do hereby certify that the foregoing is a true and correct copy of the statement of condition of the above named corporation filed in my office on January 29, 1958. SETH H. YOUNG Bank Commissioner SOUTH EAST INDEPENDENT 2020 Smith Main Dial Hu 61 The South East Independent is entered as Second Class Matter, March 1, 1946, in Salt Lake City Post Office under the ac of March 3, 1879. It is published each Thursday morn-ing. The South East Independent is published by the News Bulletin. Publishing Co. at 2020 South Main. Salt Lake City, Utah. Subscaiption rates are $3.00 per year by mail or ten cents the single copy. Send all mail to box 16 Sugar House Station son- - 6 Publisher ClsMr King Editor Emma D. Kin? 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