Gatrell v. Salt Lake County

I dissent. I think the opinion has misconceived the real question involved, and has been led off on a tangent. The .opinion treats the question as one of evidence, whereas the real question is one of pleading. The statement of facts in the prevailing opinion omits mention of the real issue in the case, and the only issue made by the. pleadings; it omits reference to the principal issue that is material in an action to quiet title. If the pleadings were only as indicated in the opinion it might be that the conclusion therein reached could stand. One can always sustain a conclusion if one…