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Gillmor v. Gillmor

Utah Supreme Court
694 P.2d 1037 (1984)



Florence Gillmor (plaintiff) and Edward Gillmor owned equal shares of some 33,000 acres of land, which was used for cattle grazing. Edward was using the property exclusively. Florence demanded to be given access to the land to graze her livestock and that Edward alter his use to allow her to do so. Edward did not respond and continued his use of land at its maximum capacity. Edward asserted that he had invited Florence to use the land, but he never made any accommodation for her to do so even though any additional grazing would have injured the land. Edward admitted that if Florence had tried to use the land, he would have sought an injunction to prevent damage to the land. Florence claimed an ouster and sued to recover one-half of the rental value of the property. The trial court found that Edward had ousted Florence and awarded her half the rental value of the land. Edward appealed, arguing that the trial court erred in finding an ouster, that the award was excessive, and that he should be compensated for a fence he built and a ditch he had dug.

Rule of Law


Holding and Reasoning (Stewart, J.)

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