TAUBERT v. ROBERTS

No. 19718.

747 P.2d 1046 (1987)

William H. TAUBERT, Plaintiff and Appellant, v. Jack E. ROBERTS, Snyderville Development, Inc., a Utah Corporation, and Park West Land Company, a Utah corporation, Defendants and Respondents.

Supreme Court of Utah.

December 21, 1987.


Attorney(s) appearing for the Case

Ronald A. Offret, Anchorage, Alaska, for plaintiff and appellant.

James Boevers, Salt Lake City, for defendants and respondents.


ZIMMERMAN, Justice:

This is an appeal from a summary judgment upholding the validity of a sheriff's sale of real property. Appellant Taubert contends that the sale was invalid under Utah Rule of Civil Procedure 69(d) because levy occurred after the return date of the writ. We agree and reverse.

Taubert purchased some Summit County property in 1978. At that time, the property was subject to a judgment lien held by Pacific States Pipe Co. ("Pacific"). In 1979...

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