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MATTES v. OLEARAIN

No. 880138-CA.

759 P.2d 1177 (1988)

Joan MATTES aka Joan Emmer, Plaintiff and Respondent, v. David Lee OLEARAIN, Personal Representative of Andrew Olearain, deceased, Defendant and Appellant.

Court of Appeals of Utah.

August 17, 1988.

Attorney(s) appearing for the Case

Jerrald D. Conder (argued), West Valley City, for defendant and appellant.

Dwight L. King (argued), Dwight L. King & Associates, P.C., Salt Lake City, for plaintiff and respondent.

Before BENCH, GARFF and ORME, JJ.

BENCH, Judge:

Defendant appeals a trial court's judgment awarding certain property to plaintiff, under equitable principles, in a common-law marriage. We reverse in part and affirm in part.

Plaintiff Joan Mattes met Andrew Olearain in November 1983. At the time, plaintiff owned a home located at 4145 Barker Road in Taylorsville, Utah (Barker Road property). Andrew owned a home located at 1991 West Leisure Circle in Taylorsville, Utah (West Leisure Circle property...

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