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Show Page 2 8S6I 9 kvni rpumj. tp 'tnoH JSnS INDEPENDENT IliiiiliiS by Richard J. Maughan, B.S., L.L.B. Always take the short cut; and that is the rational one. Therefore say and Jo every-thing according to the sound-- est reason. Marcus Aurellus (12M80AD) The facts and problems which entangled the lives of Marcus Aurelius and his subjects in the second century gave rise to the foregoing bit of p h i 1 o sophy. Such facts and problems are t'.i ; ft express agreement or under cir-cumstances which are implied. Under this arrangement, the tenant or lessor acquires an In-terest in land, be it ever so little. This interest in land must be dealt with in accordance with the terms of the lease. If the lease is a written one, these terms are usually readily apparent from the language of the written in-strument. They are apparent to the extent to which the language of the instrument defines a situa-tion which has occurred or may occur. However, the terms of the contract may not be ap-parent if the facts which are wating a solution are not de-scribed in so many words it is then that the terms which will provide a solution can only be brought into consideration by implication, and this calls for a conclusion of law which only a lawyer can make. Tenants VS Lodgers Because one occupies the space of another under an arrange-ment whereby he pays "rent", he does not necessarily become a tenant who has acquired an interest in land. The facts sur-rounding the making of the con-tract will determrne whether such a one is a mere lodger or a tenant with all the rights which that word implies. If the essentially the Maughan same today as they were then. Fundamentally, the forces which entangle our lives now have not changed; they have only increased. The so-call- ed "ease" with which we live today, as com-pared with life in second century Rome, is only possible because of intensely complicated su-perstructure of rules and regula-tions under which we (not al-ways by choice) govern our-selves. A less intricate existence wouia give one an opportunity to apply the "soundest reason" to this problems, indeed, it would give one an opportunity to apply the "soundest reason" to his activities with an eye toward preventing problems. However, because of the accelerated pace we live in to take the "short cut" by application of the "soundest reason" we must rely on experts who are qualified to understand and explain the more complicated facets of our super-structure of rules and regula-tions. These men are the lawyers, doctors, engineers architects, and practitioners in the other pro-fessions. facts dictate that he has ac-quired the rights of tenant, he will then be able to exercise more of a control over the premises than if he is a mere lodger. A part of this control he acquires as a tenant makes it more difficult to dislodge him, or vacate the premises ... it gives him more of a perma-nency as an occupier of the pre-mises. Suitability of the Premises One of the common causes of dissatisfaction in tenants is that they expect the premises to be suitable for the purpose for which they lease them . . . and find upon entry that the premise are a far cry from what they expected, or that they are definitely unsuitable. The ten-ant thinks that he cannot be held under the terms of the lease if the fitness of the pre-mises is not what Ee wanted them to be, but he can the rule of caveat emptor applies, let the buyer beware. The basic form of a lease Is comparatively . simple. It Is the covenants and war-ranties which are made a part of it which make it a complicated document. Next week, let us look into some of the statutary law which is part and parcel of every lease contract drawn in the state of Utah. Sometimes' this law is incorporated in the lease by express terms, but if it isn't the law applies just the same. See you next week with a dis-cussion of Forcible Entry and Unlawful Detainer. All Legal Documents are Complicated For the past few weeks we have been talking about various forms of contracts. In the last two weeks we talked about two forms of credit instruments, the chattel mortgage and the con-ditional sales contract In both of these latter forms of con-tracts, we pointed out, there are pitfalls for the unwary. This cautionary instruction holds good for all types of legal docu-ments, and it behooves the per-- t son who is about to enter into any kind of a contract to seek the advice of one who can ex-plain in detail the provisions of the contract. How else can one "take the short cut" and apply the "soundest reason." Leases This week let us look briefly at an instrument which can be-come as intricate and compli-cated as any; the lease. A lease creates a relationship between the parties known as landlord and tenant This rela-tionship can arise (as can most any other contract), either be NOTICE In the District Court ei th Third Judicial District in and for Salt Lake Comity, Stat of Utah Notice of Lien Foreclosure No. 112752 Walker Bank & Trust Company, Plaintiff, vs: J. Henry Smith and Thelma Smith, lus wife, Anderson Lum-ber Co., a corporation, and Or-vil- le Evershed, dba Wasatch Furnace Co., and Jack R. Fisher, dba Jacks Plumbing and Heat-ing Co., Defendants, Orville Evershed, dba Wasatch Furnace Company, Cross Complainant, vs: J. Henry Smith and Thelma Smith, his wife, Defendants. Notice is hereby given that Orville Evershed dba Wasatch Furnace Company commenced an action in the above entitled proceedings for the purpose of foreclosing his lien against the following described real pro-perty and premises situated in Salt Lake County, Utah to-wi- t: Commencing North 75 decrees 0051" West 945.86 feet from South one fourth Corner Sec-tion 7, Township 2 South, Range 1 East, Salt Lake Meri-dian, North 74 degrees 5839" West 26.7 feet; North West-erly along a 100 feet radius curve to left 20.22 feet; North 83 degrees 06'45" West 246.41 feet; South 260.85 feet South 83 degrees East 13 feet; South 75 degrees 51' East 191 feet; North 17 degrees 42,47" East 239.06 to beginning. 1.43 acres. No. 21-144- 3. All lien claimants are hereby given notice that they shall ap-pear before the Honorable Judge of Division 1, of the above en-titled Court, In the Court Room thereof, in the City and County Building in Salt Lake City, Utah, on the 20th day of Febru-ary, 1958, at 2:30 p.m. and then and there exhibit and prove their liens against the above described property and premises. The failure of any lien claimant tt appear at the time and place specified, and exhibit and prove their liens against the said property shall be a waiver of rights to prove such lien. Dean W. Sheffield, Attorney for Orville Evershed dba Wasatch Furnace Company, 415 Ness Building, Salt Lake City, Utah. Pub.: Jan. 23 30, Feb. 6 13, 1958. NOTICE TO CREDITORS Estate of Lovie Johnson, De-ceased. Creditors will present claims with vouchers to the under-signed; address Ramon M. Child, Attorney,' for the Estate of Lovie Johnson, deceased, 2183 Highland Drive, Salt Lake City, Utah, on or before the 20 day of March, A. D. 1958. DONNA C. ALSTERUND Administratrix of the Estate of Lovie Johnson, Deceased. Date of first publication: Jan. 16, A. D. 1958. RAMON M. CHILD Pub. in S.E. Independent Jan. 16, 23' 30 and Feb. 6, 1958 NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale. By virtue . of a chattel mort-gage executed by Miller Finance Co. and Dale E. and Carolyn M. Woodard dated the 5th day of Oct, 1958, and 'upon which default has been made and upon which is due $1,097.89, we will expose for sale at public auction on Feb. 10, 1958, at 2 pm o'clock, at 373 So. Main, Salt Lake City, Utah, certain property men-tioned in said mortgage as fol-lows, to wit: 1955 Pontiac Two Door Sedan, Motor No. T755S1806. The terms of the sale will be made known on the day of the sale. Earl M. Johnson Mgr. Pub. Jan. 30, Feb. 6, 1958. NOTICE TO CREDITORS Estate of William Edward Winkworth, Deceased. Creditors will present claims with vouchers to the under-signed at 415 Ness Building, Salt Lake City, Utah, on or be-fore the 25th day of March, A. D. 1958. Glen L. Winkworth, Administrator of the Estate of Wii-Iia-m Edward Wink-worth, Deceased. Date of first publication Jan. 24, A. D. 1958. Pub.: Jan. 23 30, Feb. 6 13, 1958. IN THE DISTRICT COURT OF THE THIRD JUDICIAL DI9T IN AND FOR SALT LAKE COUNTY, UTAH SUMMONS No. 115188 MARIE G. PINKERTON, 1 Plaintiff, vs. DONALD EDWIN PINKERTON, Sr., Defendant. THE STATE OF UTAH TO THE ABOVE NAMED DEFEN-DANT: You are hereby summoned and required to serve upon Dean W. Sheffield, Plaintiffs attorney, whose address is 415 Ness Biuld-in-g, Salt Lake City, Utah, an answer to the complaint within 20 days after service of this summons upon you. If you fail so to do, judgment by default will be taken against ydii fof the relief demanded in said com-plaint, which has been filed with the clerk of said court. This is an action for divorce. Dated January 24, 1957 DEAN W. SHEFFIELD Attorney for Plaintiff 415 Ness Building Salt Lake City, Utah Pub. in S. E. Independent Jan. 30th - Feb. 6-- 13 & 20, 1958 SUMMONS Civil No. 115189 In the Third Judicial District Court in and for County of Salt Lake, State of Utah PEARL ANN GHANEY Plaintiff vs. BENJAMIN HARLEY CHANEY Defendant THE STATE OF UTAH TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to serve upon Dean W. Sheffield, Plaintiffs attorney, whose address is 415 Ness Build-ing, Salt Lake City, Utah, an answer to the complaint within 20 days after service of this summons upon you. If you fail so to do, judgment by default will be taken against you for the relief demanded in said com-plaint, which has been filed with the clerk of said court, and a copy of which is hereto annexed and hereby served upon you. This is an action for divorce. Dated January 28, 1958. DEAN W. SHEFFIELD Attorney for Plaintiff 415 Ness Building Salt Lake City, Utah NOTICE TO CREDITORS Estate of Henry L. Love and Josephine Bush Love, Deceased. Creditors will present claims with vouchers to the undersigned at 415 Ness Building, Salt Lake City, Utah, on or before the 25th day of May, A. D. 1958. Josephine Love OardalL Administratrix of the Estate of Henry L. Love & Josephine Bush Love, Deceased. Date of first publicatioa Jan. 24, A. D. 1958. Pub.: Jan. 23 30, Feb. 6 13, 1958. -- NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale. By virtue of a chattel mort-gage executed by Miller Finance and Del W. Cook and Betty Cook dated the 3 day of Sept, 1957, and upon which default has been made and upon which is due $2,728.55, we will expose for sale at public auction on 14 Feb., 1958, at 2 p.m. o'clock, at 373 So. Main, Salt Lake City, Utah, certain property mentioned in said mortgage as follows, to wit: 1957 DeSoto Two Door Hard-top. Motor No. 58017774. The terms of the sale will be made known on the day of sale. EARL JOHNSON, Manager. Pub. Independent 2-- 6 and 13. SOUTH EAST INDEPENDENT 2020 South Main Dial nu 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 136 Sugar House Station, zone 6. Publisher Clair King Editor Emma D. King YOUR SUGAR HOUSE SECURITY MERCHANT No Need To Go Downtown For KEYS LOCKS REPAntS PARTS or SHARPENING We are a Factory Authorized Service Station for LCN Door Closers, Inc. Oscar C. Rixson Co. Sargent Locks & Closers Adams-RIt-e Co. and "LAWNBOY" America's Modern Power Mower Service at your home or store too. 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