(DOWNLOAD) "Blanchard v. Smith Et Al." by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Blanchard v. Smith Et Al.
- Author : Supreme Court Of Utah
- Release Date : January 09, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Plaintiff purchased by metes and bounds the southermost of 3 lots owned by one Tiller. Not knowing the true boundary, plaintiff inquired of Tillers daughter. She employed a surveyor, who established the line, which 45 years later proved to be erroneous by about 1 rod. On the strength of the survey, plaintiff built a fence, so the court found, on the surveyors line, and the fence has remained in place since, the property north thereof and the property south thereof having been occupied by defendants and their predecessors and by plaintiff respectively, acquiesced therein for nigh onto a half century. A recent survey for special improvements revealed the error, shorting plaintiff 1 rod, about which there is no question. Plaintiff sues to quiet title to the disputed strip on the north, on the theory the fence was placed through mutual mistake. Strangely enough, plaintiff all these years has occupied a strip to the south of his described property of almost identical area, believing it to be his. Actually it belonged to Logan City, from whom plaintiff recently obtained a quitclaim deed for a nominal sum. Over the years plaintiff has paid taxes and special assessments on the disputed strip to the north, but has not had to pay any such charges on the strip to the south. The record clearly shows that for many years plaintiff knew the fence on the north was not on the true boundary line, he having testified he knew it was off the true line at least 2 1/2 feet. Yet he acquiesced in the continued existence of the fence.
 "Blanchard v. Smith Et Al." by Supreme Court Of Utah # eBook PDF Kindle ePub Free){kind=link}