[DOWNLOAD] "Dragos Et Ux. v. Russell Et Ux." by Supreme Court Of Utah # Book PDF Kindle ePub Free

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eBook details

• Title: Dragos Et Ux. v. Russell Et Ux.
• Author : Supreme Court Of Utah
• Release Date : January 03, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

PER CURIAM. This action grew out of a boundary dispute between adjacent landowners. The plaintiffs sued to quiet title to
a small, irregular parcel of land they claimed at the southern extremity of their property. The trial court found that defendants'
improvements encroached thereon. We reversed the trial court and remanded the case to the district court with instruction
to (a) take additional evidence as to the exact location on the ground of the old fence line, and (b) amend its findings and
Conclusions consistent with our holding that 'our inescapable Conclusion is that the cabins [of the defendants] are south
of the old fence line.' Dragos v. Russell, 1951, Utah, 237 P.2d 831, 833. After remand additional evidence was adduced. The parties are still in disagreement as to whether the boundary as fixed by
the trial court did or did not run under the foundation of defendants' improvements. From the exhibits in the file it is impossible
to determine where the line fixed by the trial court runs with respect to the location of the defendants' buildings, nor whether
the line as fixed runs north of such buildings. Hence it is impossible for us to determine whether the mandate of this court
in the first Dragos v. Russell case was carried out.

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