SMITH v. DeNIRO

No. 12036.

480 P.2d 480 (1971)

25 Utah 2d 295

David W. SMITH, Plaintiff and Respondent, v. Joseph DeNIRO and Helen DeNiro, his wife, Mary Ann DeNiro, individually and as Executrix of the Estate of William DeNiro, Deceased, Defendants and Appellant.

Supreme Court of Utah.

February 1, 1971.


Attorney(s) appearing for the Case

Richard C. Howe, Murray, for defendants-appellant.

Harry D. Pugsley, Salt Lake City, for plaintiff-respondent.


HENRIOD, Justice:

Appeal from a quiet title judgment based on a boundary by acquiescence. Reversed, with no costs awarded.

This suit questions ownership of a strip of land, called the Gordon Mill Race, situate between the parties' properties which was used for over 50 years to transport water, but which use was abandoned in 1966. Both parties claim title on the theory mentioned, but the evidence reflects no common grantor, no payment of taxes by anyone, and...

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