COLEMAN CO. v. SOUTHWEST FIELD IRRIGATION CO.

No. 15365.

584 P.2d 883 (1978)

The COLEMAN COMPANY, INC., a corporation, Plaintiff and Appellant, v. SOUTHWEST FIELD IRRIGATION COMPANY and Old Fort Old Field Irrigation Company, Defendants and Respondents.

Supreme Court of Utah.

September 14, 1978.


Attorney(s) appearing for the Case

Michael W. Park, Cedar City, for plaintiff and appellant.

Willard R. Bishop, Cedar City, for defendants and respondents.


HALL, Justice:

Plaintiff ("Coleman") sought equitable relief in the nature of a decree quieting title to a prescriptive easement by adverse possession, or in the alternative, for damages for failure to maintain the easement. Defendant, Southwest Field Irrigation Company, disclaimed any property interest and was properly dismissed as a party. The case was tried to the court, sitting without a jury, and from a judgment of dismissal Coleman appeals.

The trial...

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