RICHINS v. STRUHS

No. 10402.

17 Utah 2d 356 (1966)

412 P.2d 314

ELMER J. RICHINS, BLANCHE E. RICHINS AND ZELLA F. HARRIES, PLAINTIFFS AND APPELLANTS, v. MERLE R. STRUHS AND JACKIE STRUHS, HIS WIFE, DEFENDANTS AND RESPONDENTS, LESLIE C. GOLD AND FLORIS C. GOLD, HIS WIFE, WILLIAM F. SALT AND DELLA JO SALT, HIS WIFE, AND CLARA M. WHIPPLE, THIRD-PARTY DEFENDANTS.

Supreme Court of Utah.

March 15, 1966.


Attorney(s) appearing for the Case

Rawlings, Wallace, Roberts & Black, John L. Black, Salt Lake City, for appellants.

Joseph P. Bosone, Allen H. Tibbals, Salt Lake City, for respondents.


CROCKETT, Justice.

Plaintiffs, Elmer J. and Blanche Richins, and Zella F. Harries, seek to compel defendants, Merle R. and Jackie Struhs, to remove a fence which they erected in a driveway which had been used jointly for upwards of 40 years between their two properties in Emigration Canyon; and to have an easement by prescription for joint use of the driveway declared in plaintiffs. Trial was to the court. From judgment for defendants, plaintiffs appeal.

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