KERN v. DEERWOOD RANCH

No. 4323.

528 P.2d 910 (1974)

Thomas Lee KERN, Sr., and Mary Ann Kern, Appellants (Defendants below), v. DEERWOOD RANCH, a co-partnership consisting of Harold F. Heye and Richard D. Smith, Appellees (Plaintiff below).

Supreme Court of Wyoming.

December 10, 1974.


Attorney(s) appearing for the Case

George L. Zimmers, Zimmers & Nelson, Laramie, for appellants.

Arthur Kline, Kline & Swainson, Cheyenne, for appellees.

Before McEWAN, P.J., and GUTHRIE and McCLINTOCK, JJ.


Mr. Justice McEWAN delivered the opinion of the court.

This was a quiet title action brought by plaintiffs to clear title to their lands as a result of a "Notice of Rights" filed by defendants, in which they claimed to have a road right of way across the defendants' lands. The trial court held for the plaintiffs and the defendants have appealed.

In November 1971 the defendants caused to be recorded in the office of...

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