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· 6/6/1978

Williams v. Oldroyd

Citations

  • 581 P.2d 561
  • 1978 Utah LEXIS 1338

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that if using a monument as the boundary \drastically\ changes what the parties intended, then the legal presumption does not govern
  • concluding that the opposing party did not acquiesce in a boundary because he \used the disputed property on several occasions\ and the claiming party \twice offered to purchase it\
  • stating that offers to purchase disputed property show parties had not acquiesced in boundary
  • concluding as a matter of law that when a metes and bounds description conflicts with a call to a monument, the monument call takes precedence over a call of course or distance
  • distinguishing between \[alp-plying rules of construction\ and using extrinsic evidence for \reformation of a deed\
  • “Applying rules of construction, however, does not constitute reformation of a deed.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins, Ellett, Crockett, Maughan, Hall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.