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JEWELL v. HORNER

No. 9431.

12 Utah 2d 328 (1961)

366 P.2d 594

ARGEL E. JEWELL, JESSIE M. JEWELL AND CLARENCE C. JEWELL, JR., PLAINTIFFS AND RESPONDENTS, v. ETHEL LEE HORNER, FORMERLY ETHEL LEE JEWELL, AND WILLIAM POWELL AND IRENE POWELL, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

December 4, 1961.

Attorney(s) appearing for the Case

Romney, Boyer & Ronnow, Salt Lake City, Jack B. Horner, Ames, Iowa, for appellants.

C.M. Gilmour, J.W. Boone, Salt Lake City, for respondents.

CALLISTER, Justice:

Defendants appeal from a judgment impressing a trust upon certain real property and assessing money damages. Plaintiffs cross appeal from that portion of the judgment allowing the defendant, Ethel Lee Horner, certain offsets and also cross appeal from an order of the lower court vacating a default judgment which had been entered against the defendants William and Irene Powell.

Plaintiffs are the brothers of Ethel and the Powells are the...

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