Herbertson v. Iliff

OPINION

ALARID, Judge.

This appeal arises from a district court action filed by appellee (Herbertson) seeking to secure an easement and injunctive relief prohibiting interference with such easement over land owned by appellant (Iliff). A trial on the merits was originally held in 1986, with judgment entered in favor of Iliff. Subsequently, on a motion by Herbertson, the trial court vacated the 1986 judgment and granted a new trial. Following retrial in 1987, the trial court entered judgment declaring a private easement by prescription in favor of Herbert-son and enjoining interference therewith.