VAN DYKE v. CHAPPELL

No. 890133.

818 P.2d 1023 (1991)

Welby J. VAN DYKE, Plaintiff and Appellee, v. Marion Glen CHAPPELL and Deama Ruth Chappell, Defendants and Appellants.

Supreme Court of Utah.

October 2, 1991.


Attorney(s) appearing for the Case

Tex R. Olsen, Richfield, for Van Dyke.

Marcus Taylor, Richfield, for the Chappells.


ZIMMERMAN, Justice:

Plaintiff Welby J. Van Dyke filed suit against defendants Marion Glen and Deama Ruth Chappell seeking to quiet title to property in Wayne County, Utah, on the theory of boundary by acquiescence. After a nonjury trial, the court entered an order quieting title in Van Dyke. The trial court found that Van Dyke owned the property in question, based on the theory that a fence line which divided the adjoining parcels of land established a boundary by...

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