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HENRIOD, Chief Justice (concurring).
I concur for one reason: The metes and bounds description specifically mentioned exactly 80 rods for three of the courses, but described the fourth as 80 rods “more or less” along a county road. This raised a red flag which a title examiner would question, for inconsistency and lack of specificity in relation to the other three courses. This would indicate that the grantor meant the actual meandering road to be the boundary, not any physically unused road not reflected accurately in the plat.
Document Info
Docket Number: 10580
Citation Numbers: 422 P.2d 525, 18 Utah 2d 303, 1966 Utah LEXIS 453
Judges: Callister, Crockett, Henriod, McDONOUGH, Tuckett
Filed Date: 12/29/1966
Precedential Status: Precedential
Modified Date: 11/15/2024