Crystal Lime & Cement Co. v. Robbins

I concur except as indicated herein:

It is established as the rule in Utah that where the fee title holder seeks to quiet his title as against a tax title purchaser there need be no offer of reimbursement in order that such reimbursement may be granted by the Court. Burton v. Hoover, 93 Utah 498, 501, 74 P. 2d 652, 653:

“* * * the pleading need not allege and offer to repay defendant’s investment in the property. The court of equity will make that a part of the total equity it administers to adjust the situation. It is a part of the remedy and not of the cause of action.”

See also Reeve v.…