KING v. FRONK

No. 9662.

14 Utah 2d 135 (1963)

378 P.2d 893

FAUN W. QUINNEY KING AND WILLIAM S. THOMAS AND MARY R. THOMAS, HIS WIFE, PLAINTIFFS AND APPELLANTS, v. J.H. FRONK, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

February 21, 1963.


Attorney(s) appearing for the Case

Hanson & Garrett, Salt Lake City, for appellants.

Sherma Hansen, Brigham City, W. Eugene Hansen, Salt Lake City, for respondent.


HENRIOD, Chief Justice.

Appeal from an action tried to the court in which plaintiffs sought title, by way of boundary by acquiescence, to a 5' 7" strip of land. The trial court concluded that the proof did not justify such claim, but that an easement had been established from the street line extending one-half the distance of the disputed area. Reversed, with no costs awarded.

Neither side pleaded or attempted to prove an easement. It was all or nothing for...

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