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STATE ROAD COMMISSION v. BLACKNER

No. 12867.

507 P.2d 705 (1973)

29 Utah 2d 220

STATE ROAD COMMISSION, Plaintiff and Appellant, v. Dennis K. BLACKNER et al., Defendants and Respondents.

Supreme Court of Utah.

March 6, 1973.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Stephen C. Ward, Asst. Atty. Gen., Salt Lake City, for plaintiff and appellant.

Glen E. Fuller, Orval C. Harrison, Salt Lake City, for defendants and respondents.

CROCKETT, Justice:

The State Road Commission brought this proceeding to condemn for highway purposes 11.9 acres of land owned by defendants Blackners in the locality of South Weber. In the course of the proceedings, defendants also asserted ownership of five acres additional contiguous land, which the Road Commission had assumed belonged to another owner, and from whom it had acquired a quitclaim deed. The issue as to the title of the disputed five acres was tried...

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