Rollo v. Nelson
Utah Supreme Court
Appeal from District Court, Third District; C. W. Morse, Judge. Action by John S. Kollo and others against David A. Nelson and another, to enjoin defendants from obstructing a cement walk. From a judgment for defendants, plaintiffs appeal. appellant's points.
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Appeal from District Court, Third District; C. W. Morse, Judge. Action by John S. Kollo and others against David A. Nelson and another, to enjoin defendants from obstructing a cement walk. From a judgment for defendants, plaintiffs appeal. appellant's points. “A private right of way is an easement and an interest in land within the statute of frauds; but a parol contract will convey it where immediate possession is taken under it and it is continuously used thereafter constituting á part performance. ” (Robinson v. Thraillcill, 10 N. E, 647.) “It is not essential that a grantee should have…
1Opinion of the CourtMcCARTY, C. J.
(after stating the facts as above).
The evidence clearly shows and the trial court, in effect, found, that the cement sidewalk was intended by Ehlert as an easement, to be used in connection with the use and occupation of the lots purchased by appellants. And we think it may be fairly said, from the evidence introduced in behalf of defendants, that the walk was reasonably necessary to the use and convenient enjoyment of the property purchased by the plaintiffs. It appears, however, that the court decided against appellants, and dismissed their cpmpl'aint upon the following grounds: (1) That…
2Cases cited13 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
- Ellis v. BassettIndiana Supreme Court · 1891
- Newell v. SassIllinois Supreme Court · 1892
- Robinson v. ThrailkillIndiana Supreme Court · 1887
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3Cited by20 opinions
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- Miles v. BodenheimCourt of Appeals of Texas · 1917
- Adamson Et Ux. v. BrockbankUtah Supreme Court · 1947
- Silveira v. SmithCalifornia Supreme Court · 1926
- Hampton v. State Ex Rel. Road CommissionUtah Supreme Court · 1968
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