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PARK WEST VILLAGE, INC. v. AVISE

No. 18720.

714 P.2d 1137 (1986)

PARK WEST VILLAGE, INC., a Utah corporation, Elwood Nielsen and Lynn Nielsen, Plaintiffs and Respondents, v. Gary AVISE and Susan Avise, Defendants, Third-Party Plaintiffs and Appellants, v. ROYAL STREET COMPANY, and all persons unknown claiming a right, title, estate or interest in real property described in the Counterclaim or Third-Party Complaint adverse to Plaintiffs' title or constituting a cloud thereon, Third-Party Defendants and Respondents.

Supreme Court of Utah.

February 20, 1986.

Attorney(s) appearing for the Case

Robert Felton, Salt Lake City, for defendants, third-party plaintiffs and appellants.

Leonard J. Lewis, Salt Lake City, Tom Clyde, Park City, for plaintiffs and respondents.

HOWE, Justice:

Defendants, Gary and Susan Avise, appeal from a judgment quieting title to a tract of land on which they reside in plaintiffs and in third-party defendant Park City. Defendants are lessees of the tract and have an option to purchase it from their lessor. They contend that their lessor had acquired title by adverse possession.

Plaintiffs and Park City are the owners (subject to the claims of defendants) of adjoining tracts of land located just...

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