Richins v. Struhs

CROCKETT, Justice.

Plaintiffs, Elmer J. and Blanche Richins, and Zella F. Harries, seek to compel defendants, Merle R. and Jackie Struhs, to remove a fence which they erected in a driveway which had been used jointly for upwards of 40 years between their two properties in Emigration Canyon; and to have an easement by prescription for joint use of the driveway declared in plaintiffs. *358Trial was to the court. From judgment for' defendants, plaintiffs appeal.

It should be noted that this attempt to assert and establish an interest in land, the legal title to which is vested in another, is a…