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OVARD v. CANNON

No. 16050.

600 P.2d 1246 (1979)

Dianna OVARD and Paul J. Ovard, her husband, Plaintiffs and Respondents, v. Charles M. CANNON, Defendant and Appellant.

Supreme Court of Utah.

September 19, 1979.

Attorney(s) appearing for the Case

Paul B. Cannon, Salt Lake City, for defendant and appellant.

Ray M. Harding, American Fork, for plaintiffs and respondents.

CROCKETT, Chief Justice:

Plaintiffs Ovard sued to compel defendant Cannon to remove obstructions he had placed in an irrigation ditch which ran across his land to plaintiffs' property. Defendant denied plaintiffs' right to a ditch easement; and as a separate proposition, counterclaimed that plaintiffs' boundary encroached upon defendant's land to the extent of 10.75 feet for its entire length of 225 feet.

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