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CLARK v. SMAY

No. 20020758-CA.

110 P.3d 140 (2005)

2005 UT App 36

Paul W. CLARK, as Trustee for The Clark Children's Irrevocable Trust, Plaintiff and Appellee, v. E. Craig SMAY and Judith Smay, Defendants and Appellants.

Court of Appeals of Utah.

Rehearing Denied April 28, 2005.

Attorney(s) appearing for the Case

E. Craig Smay, Salt Lake City, Appellant Pro Se.

T. Richard Davis, Salt Lake City, for Appellee.

Before Judges DAVIS, JACKSON, and ORME.

OPINION

ORME, Judge:

¶ 1 This case involves a dispute over a strip of land located in Salt Lake County. The trial court ultimately quieted title to the disputed property in Appellee, concluding that a survey based on the metes and bounds description of a deed controlled over the depiction of a natural monument on a subdivision plat map. We affirm.

BACKGROUND1

¶ 2 In August of 1909, the Leinket family...

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