TSCHAGGENY v. UNION PACIFIC LAND RESOURCES CORP.

No. 14487.

555 P.2d 277 (1976)

David R. TSCHAGGENY and Ellen Charlene Price Tschaggeny, his wife, Plaintiffs and Appellants, v. UNION PACIFIC LAND RESOURCES CORP., and Fred F. Saunders, Defendants and Respondents.

Supreme Court of Utah.

September 29, 1976.


Attorney(s) appearing for the Case

LaMar Duncan, Salt Lake City, for plaintiffs-appellants.

Steven A. Goodsell, Salt Lake City, for defendants-respondents.


ELLETT, Justice.

This appeal involves a claimed way of necessity from Lot 1 across Lots 2 and 3 as shown on the sketch below.

On May 13, 1967, Mr. and Mrs. Price (the parents of Mrs. Tschaggeny) deeded 21.67 acres of land to the respondents' predecessor by quit claim deed, being parcels numbered 2, 3, 4, and 5 in the diagram above. And on the same day they also gave a warranty deed to the same grantee for parcels 2 and 4 as shown in the diagram...

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