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TABISH v. SMITH

No. 15014.

572 P.2d 378 (1977)

Betty J. TABISH, William Oman, Eugene Tabish, and Norman J. Tabish, Plaintiffs and Appellants, v. Donald SMITH, Defendant and Respondent.

Supreme Court of Utah.

November 15, 1977.

Attorney(s) appearing for the Case

Lorin R. Blauer, Bountiful, for plaintiffs and appellants.

Taylor D. Carr, Salt Lake City, for defendant and respondent.

MAUGHAN, Justice:

Before us on appeal is an order denying appellants' (hereafter Tabish) motion for an order, to set aside a declaration of a homestead filed by respondent (hereafter Smith). We reverse and remand. Costs to Tabish.

At a default hearing on November 5, 1973, Tabish was granted judgment against Smith. The judgment stated the court was "fully satisfied that defendant knowingly, with intent to defraud plaintiffs, gave plaintiffs warranty deeds to...

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