Griffiths v. Hammon , 560 P.2d 1375 ( 1977 )

ELLETT, Chief Justice

(concurring and dissenting).

I concur in all that is said in the main opinion except as to the last paragraph.

The gratuity — not urged by the respondent — that “there may be some particular fact situation or pertinent contractual provision not now in the record that would support an entitlement to the rent claimed” is not justified. The law is clear as stated in the Local Realty case (cited in the main opinion) that the judgment debtor is entitled to the rents, if any, accruing during the redemption period.

When and if redemption occurs, the judgment debtor must pay, in addition to the amount paid by the purchaser, the taxes assessed, necessary fire insurance, upkeep, repairs, etc., and also six percent of the purchase price.¹ Six percent for six months is one percent per month and one percent of the value of realty is generally considered to be a fair rental amount per month for that property. This is such a well-known rule of thumb that the courts can take judicial notice of it.

In my opinion there is nothing to try. The judgment should be reversed and remanded with directions to dismiss the complaint of respondents. Costs should be awarded to the appellants.

1 . Rule 69(f)(3), Utah Rules of Civil Procedure.