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HARLINE v. DAINES

No. 14701.

567 P.2d 1120 (1977)

Westley G. HARLINE and Richard Nilson, Plaintiffs and Respondents, v. Lowell R. DAINES, A. Dean McKee, J. Davis Christensen, Robert T. Sena, Robert Morrow, and Sheridan L. Daines, Frontiers West, Inc., a Utah corporation, and Lynford L. Theobald, an Individual, and Executive Properties, a limited partnership, Defendants and Appellant.

Supreme Court of Utah.

August 5, 1977.

Attorney(s) appearing for the Case

L. Kent Bachman, John P. Sampson of Bachman & Lyon, Ogden, for defendants and appellant.

Richard Richards, Ogden, for plaintiffs and respondents.

MAUGHAN, Justice:

Before us is a convoluted set of facts, which the trial court correctly raveled out.

In an equitable proceeding, plaintiffs sought restitution of $40,000 ($20,000 each) and the imposition of an equitable lien1 upon an apartment complex in which defendant, a limited partnership, had an interest. Upon trial before the court, plaintiffs were awarded a decree in equity for the payment of $40,000 against defendant...

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