151 P. 57 | Utah | 1915
Lead Opinion
The plaintiff commenced this action against the defendant pursuant to Comp. Laws 1907 section 3511, to quiet the title to a parcel of land 50x75 feet in Park City, Summit County, Utah. The complaint is quite brief, and is in the usual form in such actions. The defendant answered the complaint, also claiming title to the westerly 25x75 feet of the property in question by adverse possession. She subsequently, over plaintiff’s objection, was perimtted to file a supplemental answer in which she also claimed title by a deed of conveyance to the 25x75 feet, and at the trial produced said deed, and thereunder claimed title from the grantee of the original patentee. The plaintiff neither pleaded nor proved a record title, but relied upon his claim of adverse possession. The court to whom the case was submitted made findings of fact and conclusions of law in favor of the defendant. A judgment quieting the title to the 25x75 feet claimed by her was accordingly entered, and the plaintiff appeals.
Primarily, defendant’s counsel contend that we cannot consider appellant’s assignments relating to the sufficiency of the evidence, for the reason that the action, although denominated equitable,, is nevertheless one at law, for the reason that it is, in legal’ effect, an action in ejectment. It is argued, therefore, that we are bound by the court’s findings, unless there is an entire lack of evidence in support of any material
Proceeding, therefore, to a consideration of appellant’s assignments, we remark that they practically all relate to the findings of fact. It is insisted that the court erred in its findings of fact, for the reason that the evidence does not support
Appellant thus failed to prove title by adverse possession, and, since he also failed to prove any other title, the court was clearly justified in finding against his claim of title. Then, agaip, appellant’s right of possession as well as possession were disputed, and the evidence upon that phase of the case is not only sufficient to justify a finding against
The judgment therefore should be, and it accordingly is, at firmed, with costs to respondent.
Rehearing
ON APPLICATION FOR REHEARING.
Appellant has filed a petition for rehearing, but for the purpose only of obtaining a modification of the judgment which we have affirmed.
Appellant’s counsel now contend that the judgment in favor of respondent is too broad, in that it does include the improvements placed on the premises in controversy the title to which has been quieted in the respondent. The judgment reads as f ollows:
"That the defendant is the owner, in the possession, and entitled to the possession of the lands described in her supplemental answer herein, and in the foregoing findings of fact, as herein set forth, and her title to said land is
-The court, however, also added:
‘ ‘ That said plaintiff and. all persons claiming by, through, or under him are hereby debarred and foreclosed from any claim, right, or interest in said lands, or any part or portion thereof or the improvements thereon.”
As pointed out in the original opinion, the action was brought to quiet title in appellant. While the respondent denied appellant’s title, she also counterclaimed and asked that the title be quieted in her. Appellant’s counsel now contend that the judgment under the issues and under our statute should have been limited to the land itself, exclusive of the improvements thereon, and that therefore the judgment
“Sec. 2021. Where an occupant of real estate has color of title thereto, and in good faith has made valuable improvements thereon, and is afterwards in a proper action found not to be the owner, no execution shall issue to put the plaintiff in possession of the same after the filing of a petition as hereinafter provided, until the provisions of this chapter have been complied with.
“See. 2022. Such petition must set forth the grounds on which the defendant seeks relief, stating as accurately as practicable the value of the real estate, exclusive of the improvements thereon made by the claimant or his grantors, and the. value of such improvements. The issues joined thereon must be tried as in ordinary actions, and the value of the real estate and of such improvements must be separately ascertained on thp trial. ”
£The Legislature, in giving relief to occupying claimants, could, as a matter of course, prescribe any reasonable procedure it saw fit. The intention of the statute is clear that the occupying claimant need not prefer his claim until he “is aft-erwards in a proper action found not to be the owner” of the land in eontrovei’sy. In section 2022 it is also made clear that the party who is found to be the owner of the land need not present any defense with respect to improvements until the petition provided for by section 2021 has been filed. The owner may then join issue with the petitioner on the question of whether or not the latter is entitled to the improvements under the statute, and in ease he is found to be the owner thereof the value is then determined. The question of the ownership of the improvements in question in the present ae
By anything Ave have said or omitted to say Ave do not wish to be understood as holding, or even intimating, that the appellant has a legal claim for improvements under our statute. That is the very question which must be determined when the petition required by the statute is filed. Before a petition is filed that question is not involved in the action. It is for that reason, and for the reason that the appellant may be given an opportunity to exercise his statutory right to have the question of improvements determined, that the judgment is modified. While in vieAv of our statute the question of res adjudicate, may not be involved, yet in order to avoid controversy Ave deem it best to modify the judgment. The judgment is therefore modified by eliminating therefrom the four words “or the improvements thereon,” and in all other respects it stands affirmed.
Appellant also asks for a modification of the judgment for costs, but Ave can see no reason why that should be granted since the judgment below is affirmed.
That order therefore also stands affirmed.