Legal Opinion

Lund v. Wilcox

Utah Supreme Court

Decided August 23, 1908No. 1862PublishedCited by 10 opinions

- Appeal from District Court, Second District; J. A. Howell, Judge. Action by Elizabeth Lund against J. F. Wilcox. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtFrick, J.

The appellant instituted this action in April, 1905, to enjoin the respondent from tearing down her fences and from trespassing on and passing over a certain portion of her land. The respondent claims a private right of way over her land, which he asserts was acquired by prescription, and that the fence in question obstructed this right of way, and hence that he had a right to remove the same. Upon a hearing the court found for the respondent, and entered judgment in his favor.

The undisputed facts, briefly stated, are as follows: The appellant is the owner of the East one-half of the…

2Cases cited9 opinions

  1. Fisher v. StateSupreme Court of Georgia · 1894
  2. Harkness v. WoodmanseeUtah Supreme Court · 1891
  3. Kurtz v. HokeSupreme Court of Pennsylvania · 1896
  4. Owens v. CrossettIllinois Supreme Court · 1883
  5. Follendore v. ThomasSupreme Court of Georgia · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Tripp v. BagleyUtah Supreme Court · 1928
  2. Morris v. BluntUtah Supreme Court · 1916
  3. Holm v. DavisUtah Supreme Court · 1912
  4. Bolton v. MurphyUtah Supreme Court · 1912
  5. Cassity v. CastagnoUtah Supreme Court · 1959

5 more not listed; retrieve them via the Exa API.

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