Carter v. Hanrath

HOWE, Justice:

We granted certiorari to review a decision by the court of appeals in this case. Carter v. Hanrath, 885 P.2d 801 (Ct.App.1994), cert. granted, 899 P.2d 1281 (Utah 1995). We here state only a brief summary of the facts and refer the reader to the court of appeals’ opinion for a more detailed statement of the facts and the evidence.

Plaintiff Royden V. Carter and defendants Shirley Hanrath and Magdalene Stevens are adjoining property owners in Duchesne County. Plaintiff is the owner of the north 1/2 of the N.E. 1/4 of section 20, Township 2 South, Range 6 West, Uintah Special Base…