MOTZKUS v. CARROLL

No. 8706.

7 Utah 2d 237 (1958)

322 P.2d 391

ERWIN MOTZKUS AND LUCILLE MOTZKUS, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. MARVIN CARROLL AND ELVA DWEEN CARROLL, HIS WIFE, AND MRS. RUTH KEMPTON, DEFENDANTS AND APPELLANTS, AND ZION'S SAVINGS BANK & TRUST COMPANY, TRUSTEE FOR CARL M. HANSEN, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

March 10, 1958.


Attorney(s) appearing for the Case

N.H. Tanner, James A. Stump, Salt Lake City, for appellants.

Clyde & Mecham, Edward M. Garrett, Thomas & Armstrong, Salt Lake City, for respondents.


WADE, Justice.

Does the evidence in this case require a holding that a boundary line by acquiescence has been established at the old fence between the Bank-Motzkus tract on the north and the Kempton-Carroll tract which adjoins it on the south? This is the determinative question to be answered on this appeal. Although there are conflicting contentions both as to the inferences to be drawn from established facts and as to what facts have been established, a careful...

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