Fenton v. Cedar Lumber & Hardware Co.

CALLISTER, Justice:

An action to quiet title to a parcel of land situated in Cedar City, Utah. From a judgment quieting title in plaintiff' and denying defendant’s claim, the latter appeals.

The parcel in controversy is the east half of an area 4 rods wide and 150 feet deep. This latter area will be referred to hereafter as the “street” or “street area.” This *100area was originally a part of a 5.9 acre tract owned by one Kate Wallace. It runs north and south and bisects the original Wallace tract.

In 1942 and 1943, Wallace, by warranty deeds, conveyed the easterly portion of her tract to…