STAKER v. AINSWORTH

No. 870166.

785 P.2d 417 (1990)

Stuart H. STAKER, Plaintiff and Appellee, v. Noal D. AINSWORTH, Juanita Ainsworth Fox, David Ainsworth, Lynn Ainsworth, Jean Ainsworth, Jack Ainsworth, Beth Ainsworth, Freedom Yocum, Jr., Edna Yocum, Robert J. Holmes, Grant S. Jensen, Paul E. Holmes, Bruce E. Holmes, Helen Holmes, James Roger Shane and Elfriede Shane, Defendants and Appellees. Noal D. AINSWORTH, Juanita Ainsworth Fox, David Ainsworth, Lynn Ainsworth, Jean Ainsworth, Jack Ainsworth, Beth Ainsworth, Third-Party Plaintiffs and Appellees, v. Conrad G. MAXFIELD and Utah National Corporation, Defendants and Appellants.

Supreme Court of Utah.

January 8, 1990.


Attorney(s) appearing for the Case

Conrad G. Maxfield, David H. Day, Jay V. Barney, Murray, for defendants and appellants.

Joseph C. Rust, Salt Lake City, for Staker.

Jerrold S. Jensen, Salt Lake City, for the Holmeses and Jensen.

Mitchell J. Olsen, Midvale, for the Ainsworths.

Freedom and Edna Yocum, pro se.

James and Elfriede Shane, pro se.


DURHAM, Justice:

This is an appeal from a summary judgment in favor of appellees in which the trial court deferred to fence lines as property boundary lines over those established by a record title survey. In granting summary judgment, the trial court relied on the doctrine of boundary by acquiescence. Appellants contend that the trial court misapplied the doctrine and that summary judgment in their favor was warranted. We affirm the judgment and overrule Halladay...

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