Dye v. Miller & Viele

HALL, Justice:

Defendant (“Miller & Viele”) appeals from that portion of a summary judgment quieting title in plaintiff (“Dye”) to an undivided one-half interest in all of the minerals 1 in the NW ¼ NW ¼, Section 29, T1S, R1W, U.S.B.M., situated in Duchesne County, Utah.

Dye and Miller & Viele each moved for summary judgment on undisputed facts abstracted as follows: The 40-acre parcel in question was the subject of a 1927 preliminary tax sale to Duchesne County to pay delinquent real property taxes thereon for the year 1926. Dye claims title by virtue of a subsequent tax deed issued pursuant…