Thurman v. Byram

HOWE, Justice:

Appeal from a judgment that a 10-mile road passing through defendants’ land had become a public road and that a prescriptive easement had been established in favor of the plaintiffs.

Defendants are the owners of real property located in Cottonwood Canyon in Morgan County. Plaintiffs sought a determination that the road coursing through defendants’ land had been used by the general public for a period in excess of 10 years prior to defendants’ installation of a gate blocking the road in 1978, and that the road had thus become a public road. The statutory basis for plaintiffs’…