Ekberg v. Bates

WOLFE, Chief Justice

(concurring).

Under the facts and circumstances of this case, where there is positive evidence of the establishment of the fence line plus continuing acquiescence thereafter, I am willing to agree that “acquiescence for a long period of time” heretofore required by our doctrine may be as short as seven *130years, thus conforming to the period provided by the statute of limitations for actions or defenses founded upon title to real property. 104-2-6, U. C. A. 1943. For the sake of definiteness and expediency, this seems to be the most logical stopping point, upon which to fix the necessary length of time. I, therefore, concur in the opinion and judgment of Mr. Justice WADE.

McDONOUGH, j., concurs in the result. HENRIOD, J., not participating.