CACHE COUNTY DRAINAGE DISTRICT NO. 5 v. WESTOVER

No. 12151.

494 P.2d 944 (1972)

27 Utah 2d 235

CACHE COUNTY DRAINAGE DISTRICT NO. 5, a quasi corporation of the State of Utah, Plaintiff and Respondent, v. W.R. WESTOVER et al., Defendants and Appellants.

Supreme Court of Utah.

March 9, 1972.


Attorney(s) appearing for the Case

Olson, Hoggan & Sorenson, L. Brent Hoggan, Logan, for defendants and appellants.

Mann & Hadfield, Walter G. Mann, Brigham City, for plaintiff and respondent.


HENRIOD, Justice:

Appeal from a judgment to the effect that plaintiff had acquired a prescriptive right to employ a drainage ditch running through defendants' farm lands, by more than 20 years continuous adverse user thereof, which judgment also enjoined defendants Westover from obstructing the drain. Reversed with costs to defendants.

The drain and properties involved roughly are illustrated by the subjoined amateur and unscaled sketch:

<...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases