Michaelson v. Larson
Michaelson v. Larson
Opinion of the Court
This is an appeal from an order of partition of real estate jointly owned by the parties.
Appellants and respondents are joint tenants and owners of 91.42 acres of real property in Sanpete County. Both parties own other land in the area. Respondents instituted a partition action to divide the jointly
On appeal, appellants contend that descriptions employed do not use any ordinary landmarks upon which the parties may rely to determine their boundaries. They contend that the court’s failure or refusal to order a survey constitutes reversible error.
The employment of a surveyor by the referees is discretionary with them provided they can, without the help of a surveyor, designate the several portions by “proper landmarks.” U.C.A., 1953, § 78-39-13 enumerates the duties and powers of referees as follows:
In making the partition the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court pursuant to the provisions of this chapter, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistance to aid them....
In Roper v. Bartholomew,
Reversed and remanded. No costs awarded.
. 30 Utah 2d 386, 518 P.2d 683 (1974).
. See U.C.A., 1953, § 78-39-17.
Reference
- Full Case Name
- Earl MICHAELSON, and Mabel Michaelson, his wife, and v. Lyman LARSON, and Katie P. Larson, his wife, and
- Status
- Published