State v. Rolio

This action was brought by the state to quiet title to a portion of the bed of Utah Lake, a fresh and navigable body of water. The court below sustained a general demurrer to the complaint. The state appeals.

In the complaint it is alleged that in 1879 the government of the United States granted to Andreas Hansen a patent to all of lots 1, 2, and 3, section 5, township 7 south, range 1 east, Salt Lake meridian. No further description of the granted lots is set forth. In the description no reference is made to the lake or that the lots extended to the meander line or water’s edge of the lake.…