SMITHSON v. LINDZEY

S-20-0117.

479 P.3d 759 (2021)

2021 WY 15

Scott B. SMITHSON and Elena A. Morozova, Appellants (Plaintiffs), v. Frederick G. LINDZEY and Stephanie D. Lindzey, Appellees (Defendants).

Supreme Court of Wyoming.

January 28, 2021.


Attorney(s) appearing for the Case

Representing Appellants: Mitchell Edwards , Nicholas & Tangeman, LLC, Laramie, Wyoming. Argument by Mr. Edwards.

Representing Appellees: David McCarthy , David McCarthy, P.C., Rawlins, Wyoming. Argument by Mr. McCarthy.

Before DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.


[¶1] Frederick and Stephanie Lindzey's predecessors conveyed the right to fish in the Little Laramie River to the predecessors of Scott Smithson and Elena Morozova (the Smithsons), who contend they continue to hold that right because it is a servitude appurtenant to the land. The Lindzeys, owners of the servient estate, disagree...

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