HANSEN v. JENSEN

No. 9475.

13 Utah 2d 181 (1962)

370 P.2d 207

H.D. HANSEN, JR., AND MILDRED H. HANSEN, HUSBAND AND WIFE, PLAINTIFFS AND RESPONDENTS, v. LEO G. JENSEN, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

April 10, 1962.


Attorney(s) appearing for the Case

Olson & Calderwood, Logan, for appellant.

George D. Preston, Logan, for respondents.


HENRIOD, Justice.

Appeal from a judgment for damages occasioned by removal of earth from a small area claimed by plaintiffs. The damage award is affirmed. The findings and decree that purport to establish title to the area in plaintiffs are ordered vacated, to be substituted by findings and decree for damage in harmony with this decision and the basic tort claim for damages only. No costs awarded.

In 1872 the fee owner deeded the area to Logan City. It was...

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