ROPER v. BARTHOLOMEW

No. 13337

518 P.2d 683 (1974)

30 Utah 2d 386

H.V. ROPER and Mary H. Roper, his wife, Plaintiffs and Respondents, v. J. Blain BLARTHOLOMEW and Izola S. Bartholomew, his wife, and substituted party, Clair L. Dorius, successor to defendants, Defendants and Appellants.

Supreme Court of Utah.

January 24, 1974.


Attorney(s) appearing for the Case

Dale M. Dorius, Brigham City, for Dorius.

Udell R. Jensen, Nephi, for Bartholomew.

Louis G. Tervort, Manti, for plaintiffs-respondents.


CALLISTER, Chief Justice:

Plaintiffs filed this action to partition certain real property in Sanpete County, which they owned as tenants in common with defendants. There were six parcels of land involved; plaintiffs and defendants each owned a one-half undivided interest in four of the parcels, and in the remaining two, plaintiffs owned an undivided three-fourths interest, and defendants an undivided one-fourth interest. The trial court ordered the appointment of...

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