In Ottenheimer v. Mountain States Supply Co., 56 Utah 190, 188 P. 1117 (Utah 1920), a property dispute arose when the plaintiff sought to recover possession of a parcel of real property allegedly wrongfully withheld by the defendant. The defendant alleged that he occupied the property by virtue of a valid lease that was not due to expire for several years. Id. The district court ruled in favor of the plaintiff. Id. The defendant appealed the court's decision, but also surrendered the premises. Id. at 1117-18. Despite written notice to the plaintiff from the defendant explaining that he did not intend to waive his right to appeal by moving off the land, the Court granted the plaintiff's motion to dismiss the appeal on the basis that "the acquiescence in the judgment and the surrendering of possession of the premises necessarily amounts to a waiver of all the litigated questions." Id. at 1118-19.