Swenson v. Snell
Utah Supreme Court
Appeal from the Third District Court, Salt Lake' County. Hon. Ogden Hiles, Judge. Action to quiet title to real estate and for damages for the removal of. a division fence. From a judgment and decree for plaintiff quieting his title, defendant appealed. An objection on the ground of failure to plead special damages is waived if not made when the evidence is offered. Lashus ■ v. Chamberlain, 6 Utah, 385, and authorities there cited.
Read the full summary
Appeal from the Third District Court, Salt Lake' County. Hon. Ogden Hiles, Judge. Action to quiet title to real estate and for damages for the removal of. a division fence. From a judgment and decree for plaintiff quieting his title, defendant appealed. An objection on the ground of failure to plead special damages is waived if not made when the evidence is offered. Lashus ■ v. Chamberlain, 6 Utah, 385, and authorities there cited. One who tears down and removes a division fence constituting a part of a continuous line, is liable for damages caused thereby to another, although he may have…
1Opinion of the CourtBartch, C. J.
This is an action to quiet title to real estate and for damages for the removal of a division fence. It is alleged in the complaint, substantially, that the plaintiff is the owner of certain premises adjoining certain other premises owned by the defendant; that his premises were separated from those of the defendant by a fence, which was erected and maintained as the established and undisputed division *194fence and line between them, and as such was acquiesced in and consented to by tbe defendant and his grantors for a period of about fifteen years prior to October 11, 1898; that the fence…
2Cited by7 opinions
- Law, Co. v. SmithUtah Supreme Court · 1908
- American Mut. Bldg. & Loan Co. v. JonesUtah Supreme Court · 1941
- Thompson v. HaysUtah Supreme Court · 1902
- Touse v. Consolidated Ry. & Power Co.Utah Supreme Court · 1905
- Pacific Bond and Mortgage Co. v. Beaver CountyUtah Supreme Court · 1939
2 more not listed; retrieve them via the Exa API.