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CRITCHLOW v. CRITCHLOW

No. 13738.

532 P.2d 216 (1975)

John C. CRITCHLOW and Sophia Critchlow, his wife, Plaintiffs and Appellants, v. Jay L. CRITCHLOW et al., Defendants and Respondents.

Supreme Court of Utah.

February 25, 1975.

Attorney(s) appearing for the Case

Cullen Y. Christensen, of Christensen, Taylor & Moody, Provo, for plaintiffs-appellants.

S.J. Sweetring, Price, for Jay and Lois Critchlow.

Boyd Bunnell, Price, for Funnon and Donna Shimmin.

Dean W. Payne, Provo, for Vera Shimmin.

HENRIOD, Chief Justice:

Appeal from a judgment declaring that plaintiffs, who sued to establish 1) a prescriptive easement in a road over defendants Shimmins' property, and 2) a way by necessity over defendants Critchlows' property, — had at best a permissive right. Affirmed with costs to defendants.

Jay Critchlow and his brother John each acquired, by a partition suit, a tract of land formerly belonging to their father, since deceased. Both tracts...

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