[DOWNLOAD] "Raymond P. L. Cannefax and Debra Cannefax" by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: Raymond P. L. Cannefax and Debra Cannefax
- Author : Supreme Court Of Utah
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This case is here on certiorari from a decision of the Utah Court of Appeals which reversed a summary judgment entered by
the trial court in favor of Donald and Ruth Clement. Donald and Ruth Clement are judgment creditors of George and Lila Barker,
vendors of land under a uniform real estate contract. The issue before the Court is one of first impression: whether a vendor's
interest in real property sold by a land sale contract is transformed by the doctrine of equitable conversion into personal
property and therefore not subject to a judgment lien pursuant to Utah Code Ann. § 78-22-1 (1987). We hold that
a judgment against the vendor of land under a land sale contract does not create a lien against a vendor's interest for purposes
of § 78-22-1. On August 28, 1981, pursuant to a uniform real estate contract, George and Lila Barker contracted to sell certain real property
which they owned in fee simple to Diane Hodge. Ms. Hodge recorded notice of that contract on August 31, 1981. The defendants,
Donald W. Clement and Ruth L. Clement, obtained and docketed a judgment against the Barkers in August 1985. On September 25,
1985, Ms. Hodge paid the amount remaining on the contract, and the Barkers executed a deed to the property to her. On the
same date, Hodge gave a warranty deed to the property to the plaintiffs, Raymond and Debra Cannefax. Both transactions took
place at a single real estate closing. The Cannefaxes recorded their deed the next day. Following the closing but before the
Cannefaxes recorded their deed, the settlement agent, Surety Title Agency, conducted a title search which disclosed the Clements'
judgment against the Barkers. Two years later, the Clements sought to enforce the judgment lien against the property through
an execution sale scheduled for September 22, 1987.