Zundel v. Ramsdell
Zundel v. Ramsdell, 2024 UT App 88 (Oliver, J.)
Civil Procedure
Years after purchasing property, Plaintiffs sought judgment quieting title on the seller’s shares of stock in a nonprofit mutual irrigation corporation. After trial, the jury determined the shares were not included in the property sale. Plaintiffs filed a post-trial motion for judgment as a matter of law. The district court denied the motion. Plaintiffs appealed. The Utah Court of Appeals affirmed, holding:
- The district court did not err in denying the motion. The deed was ambiguous as to the seller’s intent to transfer the shares, and the issue was a question of fact for the jury.
- Sufficient evidence supported the jury’s finding that the seller did not intend to transfer the shares.
- Practice tip: Utah has long drawn a distinction between water rights and shares in mutual irrigation corporations.
- Practice tip: Deeds are construed like other written instruments, and courts determine the parties’ intent from the plain language of the deed.