Jones v. Kepford
Wyoming Supreme Court
Error to the District Court, Big Horn County; Hon. Carroll H. Parmrlrr, Judge. The action was brought by Walter A. Kepford against Martin D. Jones and Mattie K. Jones, his wife, to enjoin the defendants from interfering with the plaintiff’s enjoyment of a private right of way across certain premises of the defendants, and for damages. From a judgment in favor of the plaintiff, the defendants brought error. The .facts are stated in the opinion.
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Error to the District Court, Big Horn County; Hon. Carroll H. Parmrlrr, Judge. The action was brought by Walter A. Kepford against Martin D. Jones and Mattie K. Jones, his wife, to enjoin the defendants from interfering with the plaintiff’s enjoyment of a private right of way across certain premises of the defendants, and for damages. From a judgment in favor of the plaintiff, the defendants brought error. The .facts are stated in the opinion. Under Section 2770, Revised Statutes, 1899, the homestead right is preserved to the “owner or occupant,” and consequently in the alienation of the…
1Opinion of the Court
Scott, Justice.
At the suit of defendant in error the plaintiffs in error, their agents, successors and assigns were perpetually enjoined from interfering with the defendant in error in the peaceable use and enjoyment of a private right of way over and across plaintiffs in error’s premises and was awarded a judgment for damages in the sum of $70. The case was tried without the intervention of a jury to assess the damages and the court made and entered its special findings of fact and the case is brought here on error.
The findings of fact are as follows:
“1st. That the defendant Martin T. Jones…
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