Coleman Co. v. Southwest Field Irrigation Co.

HALL, Justice:

Plaintiff (“Coleman”) sought equitable relief in the nature of a decree quieting title to a prescriptive easement by adverse possession, or in the alternative, for damages for failure to maintain the easement. Defendant, Southwest Field Irrigation Company, disclaimed any property interest and was properly dismissed as a party. The case was tried to the court, sitting without a jury, and from a judgment of dismissal Coleman appeals.

The trial court based its ruling on stipulated facts, however, that stipulation does not appear in the record before us. Nevertheless, it is not…