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SMITH v. SECURITY INVESTMENT LTD.

No. 20080790-CA.

223 P.3d 451 (2009)

2009 UT App 355

William R. SMITH and Ludean A. Smith, as trustees of the Smith Family Revocable Trust; Mack G. Smith and Carolyn Smith, as trustees of the Mack G. Smith and Carolyn Smith Revocable Trust; J. Lynn Smith, as trustee of the J. Lynn Smith Living Trust; and Cindy S. Hatch, an individual, Plaintiffs and Appellees, v. SECURITY INVESTMENT LTD, a Utah limited partnership, Defendant and Appellant.

Court of Appeals of Utah.

December 3, 2009.

Attorney(s) appearing for the Case

George K. Fadel, Bountiful, for Appellant.

Wade R. Budge, Troy L. Booher, and Chris J. Martinez, Salt Lake City, for Appellees.

Before GREENWOOD, P.J., ORME and DAVIS, JJ.

MEMORANDUM DECISION

ORME, Judge:

¶ 1 This case involves a dispute over a two-acre parcel of land to which Defendant Security Investment LTD claims record title, but to which Plaintiffs (collectively, the Smiths) claim ownership under the doctrine of boundary by acquiescence. A fence, constructed in a nearly straight line, follows the record boundary line between several properties, including the properties owned by Security and the Smiths, excepting...

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