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McBRIDE v. McBRIDE

No. 15378.

581 P.2d 996 (1978)

Francis McBRIDE and Nellie McBride, husband and wife, Plaintiffs and Respondents, v. Keith W. McBRIDE and Elda R. McBride, husband and wife, Defendants and Appellants.

Supreme Court of Utah.

June 8, 1978.

Attorney(s) appearing for the Case

F.L. Gunnell of Hillyard, Gunnell & Low, Logan, for defendants and appellants.

A.W. Lauritzen, Logan, for plaintiffs and respondents.

HALL, Justice:

Plaintiffs brought suit to quiet title to a right of way over defendant's tract of land and from a decree quieting title in plaintiffs, the defendants appeal.

The tract of land comprising the servient estate is utilized for agricultural purposes and it is not disputed that plaintiffs have a valid prescriptive right of way of many years standing over the said tract of land. It is also undisputed that...

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