LOUTH v. KASER

No. 3401.

405 P.2d 276 (1965)

William LOUTH and George Louth, Administrators of the Estate of Charles Louth, Deceased, Appellants (Charles Louth, Deceased, defendants below), v. C.E. KASER and Clifford G. Kaser, Appellees (Plaintiffs below), and E.G. SANDERS, Appellee (Third-Party defendant below).

Supreme Court of Wyoming.

August 31, 1965.


Attorney(s) appearing for the Case

James A. Greenwood, Cheyenne, and Pence & Millett and Alfred M. Pence, Laramie, for appellants.

Henderson, Godfrey, Kline & Uchner and Paul B. Godfrey, Cheyenne, for appellees.

Before PARKER, C.J., and HARNSBERGER, GRAY, and McINTYRE, JJ.


Mr. Justice HARNSBERGER delivered the opinion of the court.

Although this litigation was commenced on November 14, 1958, as an action by plaintiff C.E. Kaser to restrain defendant Charles Louth from interfering with Kaser's maintenance, operation, repair, construction, cleaning out, and use of John Gilland Ditch and its headgate which were located upon and across Louth's lands, that phase of the action was concluded by an agreement and stipulation of the parties approved...

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