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eBook details

• Title: Joyce H. Lund v. Bob Donihue and Dorothy
• Author : Supreme Court Of Utah
• Release Date : January 14, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

PER CURIAM: From a quiet title judgment for the plaintiff, holding that a judgment lien did not exist against the subject property by virtue of a judgment against her former husband (Francis) obtained by defendant Donihue, the latter appeals. Donihue asserts that his lien arose when he sued plaintiff's husband along with several others a second time and obtained judgment based on a previous federal court judgment against the same parties that had been outlawed by the eight-year limitations statute. 1 Before and partly during the eight-year time frame, the plaintiff and Francis had been married and jointly owned the subject property. However, on September 14, 1971, they were divorced and all of Francis' interest was awarded to plaintiff, accompanied by an order that Francis furnish her with a deed. This he allegedly did, the deed being thereafter lost or mislaid and hence not recorded. On December 28, 1978, Donihue obtained a new judgment based on the prior outlawed federal judgment. These facts and those related below were incorporated in the affidavit of plaintiff filed in the present quiet title suit in support of her motion for summary judgment. Defendant filed an affidavit, but did not dispute the material facts sworn to in plaintiff's affidavit supporting the motion. 2

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