Smith v. DeNiro

ON REHEARING

TUCKETT, Justice:

The court granted a rehearing in this matter for the purpose of re-examining the claims of the parties to the ownership of certain lands claimed by the plaintiff and the defendant Mary Ann DeNiro. We are here concerned with the southerly boundary of Lots 40, 41 and the southwesterly part of Lot 42 of Murray Meadows Subdivision in Salt Lake County. The plaintiff claims ownership of Lots 40, 41 and 42, and the defendant claims ownership south of the boundary line of those lots.

Prior to 1966 a waterway known as the Gordon Mill Race ran in a westerly direction between…