Van Dyke v. Chappell

ZIMMERMAN, Justice:

Plaintiff Welby J. Van Dyke filed suit against defendants Marion Glen and Dea-ma Ruth Chappell seeking to quiet title to property in Wayne County, Utah, on the theory of boundary by acquiescence. After a nonjury trial, the court entered an order quieting title in Van Dyke. The trial court found that Van Dyke owned the property in question, based on the theory that a fence line which divided the adjoining parcels of land established a boundary by acquiescence. The Chappells appeal, arguing that (i) the court improperly found that the parties intended the fence to be a…