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ASH v. STATE

No. 14919.

572 P.2d 1374 (1977)

Lloyd K. ASH and Linda R. Ash, his wife, Plaintiffs and Respondents, v. STATE of Utah and First American Title Insurance Company, a California Corporation, Defendants. FIRST AMERICAN TITLE INSURANCE COMPANY, a California Corporation, Cross Complainant, v. STATE of Utah, Cross Defendant. STATE of Utah, Defendant, Third-Party Plaintiff and Appellant, v. William Grant FIDLER and Mayza C. Fidler, his wife, Third-Party Defendants. William Grant FIDLER and Mayza C. Fidler, his wife, Third-Party Plaintiffs, v. The BANK OF PLEASANT GROVE, Third-Party Defendant.

Supreme Court of Utah.

December 13, 1977.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Donald S. Coleman, Asst. Atty. Gen., Salt Lake City, for defendant, third party plaintiff and appellant.

Carman E. Kipp of Kipp & Christian, Richard Calder of Edwards & Plumb, Harry D. Pugsley of Watkiss & Campbell, Earl Jay Peck, Salt Lake City, for plaintiffs and respondents.

MAUGHAN, Justice:

Plaintiffs, as fee owners, initiated a quiet title action against the state to a described parcel of land. Specifically, plaintiffs alleged the state asserted a right adverse to plaintiffs' fee title ownership in the westerly 40 feet of their parcel and that the state's claim was wrongly asserted. The state responded that the area in dispute had been taken in an eminent domain proceeding from plaintiffs' grantors, the Fidlers. Upon trial to the court...

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