Mahas v. Rindlisbacher

I cannot join the majority opinion. I would reverse the trial court and direct that it enter a judgment fixing the Warren Canal as the boundary between these two parcels.

As Justice Howe notes, the usual rule is that calls to monuments control over metes and bounds calls. Achter v. Maw, 27 Utah 2d 149, 155, 493 P.2d 989, 993 (1979); Scott v. Hansen, 18 Utah 2d 303, 306, 422 P.2d 525, 527 (1966); Johnson Real Estate Co. v. Nielson, 10 Utah 2d 380, 382, 353 P.2d 918, 920 (1960); Finlayson v. Denver & R.G.W.R., 110 Utah 319, 323, 172 P.2d 142, 144 (1946); Park v. Wilkinson, 21 Utah 279, 284, 60…