Henrie v. Hyer

MOFFAT, Justice.

Two theories characterize the proceedings in this case. Plaintiff (appellant) claims the action is one to quiet title to the land in question, involving therein the correct location of a section corner marking the northwest corner of section 24 and the northeast corner of section 23, township 14 north, range 6 west, Salt Lake base and meridian, being located in Blue Creek Valley, Box Elder county, Utah.

Defendants and respondents contend that the controversy is over a disputed boundary, and plead by answer and affirmative defense (not by counterclaim or cross-complaint) that…