LUNT v. KITCHENS

No. 7871.

123 Utah 488 (1953)

260 P.2d 535

LUNT et al. v. KITCHENS et al.

Supreme Court of Utah.

Decided August 3, 1953.


Attorney(s) appearing for the Case

Richards & Bird and Dan S. Bushnell, Salt Lake City, for appellants.

Gaylen S. Young and Wesley G. Howell, Salt Lake City, for respondents.


McDONOUGH, Justice.

This is a suit brought by a landowner to have defendants enjoined from using a driveway on her property. Defendants entered a counterclaim to have an easement by prescription declared in them. The lower court found that defendants and their predecessors in interest had used the claimed right of way openly, adversely, continuously, uninterruptedly, and under claim of right for a period of more than twenty-five years and granted the counterclaim...

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