United Park City Mines Company v. Estate

STEWART, Associate Chief Justice: United Park City Mines Company (United Park) brought this action in district court to quiet title to nine patented mining claims in Summit County. Some of the defendants (the Cleggs) counterclaimed to quiet title in them. The Cleggs argued, among other things, that they had obtained title to the surface estate by adverse possession. At the close of evidence on the Clegg's adverse possession claim, United Park moved for a directed verdict on that claim and the Cleggs' other claims. The trial court granted the motion on the adverse possession claim only. The Cleggs appeal this directed verdict claiming adverse possession founded upon a written instrument. We affirm.