Taubert v. Roberts

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, respondent Roberts purchased Pacific's interest under the judgment lien. To satisfy the judgment, Roberts obtained a writ of execution,…