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AFFLECK v. MORGAN

No. 9350.

12 Utah 2d 200 (1961)

364 P.2d 663

GORDON BURT AFFLECK AND JOSEPHINE F. AFFLECK, HIS WIFE, PLAINTIFFS, RESPONDENTS AND CROSS-APPELLANTS, v. GRANT MORGAN AND EVA MORGAN, HIS WIFE, DEFENDANTS, THIRD-PARTY PLAINTIFFS, APPELLANTS AND CROSS-RESPONDENTS, v. DAVID BURT AFFLECK AND ISABELLA W. AFFLECK, HIS WIFE, THIRD-PARTY DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

September 7, 1961.

Attorney(s) appearing for the Case

Clyde & Mecham, Elliott Lee Pratt, Salt Lake City, for appellants.

McKay & Burton, Paul E. Reimann and Macoy A. McMurray, Salt Lake City, for respondents.

CALLISTER, Justice.

The plaintiffs brought this action to quiet title to certain land in Mountair Canyon and for trespass to the same tract of land. The defendants Morgan cross-claimed against the defendants Affleck for breach of warranty. The trial court, sitting without a jury, found for the plaintiffs, granting the defendants some rights of easement, and found against the Morgans on their cross-claim. From the decision quieting title in the plaintiffs and finding...

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