Halladay v. Cluff

I concur in the result on the limited ground that both the Bigelows and the Cluffs, who rely on boundary by acquiescence, had actually examined surveys during the period of acquiescence showing the Halladay’s ownership of the property in dispute. Once they examined the surveys, they had reason to know that the line acquiesced in was not the true line and they could acquire no rights thereafter. In Tripp v. Bagley, 74 Utah 57, 276 P. 912 (1928), this Court held the doctrine of boundary by acquiescence to be not applicable because the evidence affirmatively demonstrated that when the boundary…