WHEADON v. PEARSON

No. 9696.

14 Utah 2d 45 (1962)

376 P.2d 946

GENE WHEADON AND DEANE WHEADON, HIS WIFE, PLAINTIFFS AND APPELLANTS, v. GEORGE B. PEARSON AND SARAH K. PEARSON, HIS WIFE, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

December 13, 1962.


Attorney(s) appearing for the Case

Bean & Bean, Layton, for appellants.

Nielsen, Conder & Hansen, Salt Lake City, for respondents.


CALLISTER, Justice.

In a prior action plaintiffs sought to establish a right of way over the adjoining land of the defendants upon the theory of a prescriptive easement — that plaintiffs and their predecessors had adversely used the alleged right of way for a continuous period in excess of 20 years. Defendants' motion for summary judgment was granted at the pretrial hearing when it was determined that the claimed period of adverse use did not amount to 20 years...

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