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29 Utah 2d 119

505 P.2d 1199

Lane v. Walker

Utah Supreme Court

Decided January 29, 1973

Utah Supreme Court · decided 1973-01-29

Key passage — most relied on by later courts

“'Talequiescence' is more nearly synonymous with 'indolence,/ or 'consent by silence.”

quoted by 6 later decisions, including Sachs v. BOARD OF TRUSTEES, ETC., Platt v. Martinez

Relies on 18 Utah 2d 282 - Fuoco v. Williams · 14 Utah 2d 135 - King v. Fronk · 7 Utah 2d 237 - Motzkus v. Carroll

Good law ✅— No negative treatment on recordhow we know

Decided 1973-01-29

How this case has been cited

Cited by 23 later decisions — most recently March 2024

23 state decisions

80197319801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

HENRIOD, Justice:

¶1 Appeal from a quiet title judgment establishing a boundary by acquiescence favorable to defendants. Affirmed.

¶2 This is an action to quiet title to an area described by metes and bounds and also by a fence or evidence of its existence uninterruptedly for upwards of 48 years, — a fact reasonably believable from facts in the record!

¶3 Plaintiffs urge that there is no evidence to indulge a fiction that there was a fence mutually “intended” to be a boundary. To' this we say that the test to establish the boundary by “acquiescence” necessarily need not be based on mutual “intent.” “Intent” is not synonymous with “acquiescence” in these cases. “Acquiescence” is more nearly synonymous with “indolence,” or “consent by silence,” — or a knowledge that a fence or other monuments appears to be a boundary, — but that no one did anything about it for 48 years. No one in this case did much except by invective, across the very fence that made irritants out of erstwhile neighbors, for 48 years, — until suddenly the appreciation of property values transmuted yesteryear’s minimal values, into objects d’art of inestimable value in the real estate market.

¶4 We think the facts of this case lend themselves to a required affirmation of the trial court, and we so hold, referring to previous cases of this court and the cases therein cited as being dispositive here. 1

CALLISTER, C. J., and ELLETT, CROCKETT and TUCKETT, JJ., concur.
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