Haslem v. Ottosen

HOWE, Justice:

This case is before us on plaintiffs’ interlocutory appeal which we granted. Plain tiffs sought to reform a warranty deed and to recover a Vn mineral interest that purportedly passed to defendants under Utah’s after-acquired title statute, U.C.A., 1953, § 57-1-10. Defendants counterclaimed, pleaded the statute of limitations (U.C.A., 1953, § 78-12-26(3)) as a defense to the complaint, and moved for partial summary judgment. The trial court granted the motion, ruling that the statute of limitations barred reformation of the deed by the plaintiffs, that they had breached their…