| Show ANOTHER CASE AFFIRMED Judge Dusenberry Ty Sustained in vs p ay The supreme court yesterday affirm affirmed ed the decision of Warren N Dusen Dusenberry Du Duberry berry formerly for judge of the Fourth Four judicial district court in the case of Lucian N HInckley and und Edwin EdwInS S Hinckley vs George GeorgeT T P y and Annie AnnieM M Pony Judgment nt was rendered r In R favor or of the plaintiffs and dant appealed The Hie supreme court opinion Is written by Justice Miner Justice Baskin dis dissents seats other ther matters says saya Judge JU Miner it is alleged in m the complaint in substance that plaintiffs are the owners in fee of certain lands which lie adjoining Utah lake and which are bounded on the south by the meander line of the lake and that since the lands were surveyed and the meander line fixed the waters of the lake have receded and by accretion and the pat patented lands have increased the plain tiffin are the owners of the and accretion secretion lands The defendants defendant deny the possession of If plaintiffs to the theland theland theland land derived by accretion claiming to own it itt themselves The action was brought to enjoin the defendant from committing trespass and Interfering with the plaintiffs possession of the theland theland theland land and to quiet title HUe thereto in the Plaintiffs contend that the southern boundary of their land Is identical with the meander line established by the United States survey and that since the waters of the lake have receded their lands have h increased notwithstanding notwithstanding standing the that the deeds d con conveyed conveyed c m the lands by metes and bounds to the meander line This seems to be bethe bethe bethe the principal question in lin the case There were no reservations in these deeds After a careful examination of the evidence we find the principal facts stated to be correct and that the ma material materIal tend findings are established e by the evidence So far as we are able ble to die dis discover cover it is held by all authorities that the waters edge and not the meander line is the real boundary of lund land so lo located located located by patent from the he government along the shores of meandered lakes and the owner of land so st bounded has hasa a right to follow tollow the water yater as s it re recedes recedes r cedes and is entitled to all aU the land which might be added thereto by re recession recessIon cession or accretion II Judge 6 aa S that it appears ars from the evidence that a large portion of the accretion claimed was added toland to toland toland land conveyed to plaintiffs and that the accretion had been added to the theland land before it was conveyed to the plaintiffs Consequently no title to the accretion outside of the exterior boun boundaries dunes aries of ithe land passed to 10 the th plain plaintiffs tiffs under their deeds deede Therefore the plaintiffs acquired title only to the theland theland land embraced within the metes and bound boun of their deEds |
