PETERSON v. CALLISTER

No. 8584.

6 Utah 2d 359 (1957)

313 P.2d 814

VICTOR L. PETERSON, PLAINTIFF AND RESPONDENT, v. WILLIAM D. CALLISTER ET AL., DEFENDANT AND APPELLANT.

Supreme Court of Utah.

Dissenting Opinion September 30, 1957.


Attorney(s) appearing for the Case

Ralph J. Hafen, Monticello, W.D. Callister, Salt Lake City, for appellant.

F. Bennion Redd, Monticello, Frandsen & Keller, Price, for respondent.


HENRIOD, Justice.

Appeal from a judgment quieting title to realty in plaintiff. Affirmed with costs to plaintiff.

One Bales became patentee of the subject property in 1926. Thereafter he paid no taxes. In 1932, pursuant to a San Juan County treasurer's certificate, the property was struck off to the county for taxes amounting to $32.74, by virtue of an unacknowledged Auditor's Tax Deed, which instrument, however, was recorded. In 1944 the county, by an unacknowledged...

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