Funk v. Anderson
Utah Supreme Court
Appeal from the Seventh District Court San Pete county. Hon. Jacob Johnson, Judge. Action for damages for trespass and for an injunction preventing further trespass upon plaintiff’s land. Defendants justified claiming a prescriptive right of way over-plaintiff’s land. From a judgment and decree in favor of plaintiff defendants appealed. The only question 'in this case, is as to the length of time necessary to mature a prescriptive right.
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Appeal from the Seventh District Court San Pete county. Hon. Jacob Johnson, Judge. Action for damages for trespass and for an injunction preventing further trespass upon plaintiff’s land. Defendants justified claiming a prescriptive right of way over-plaintiff’s land. From a judgment and decree in favor of plaintiff defendants appealed. The only question 'in this case, is as to the length of time necessary to mature a prescriptive right. The plaintiff, sustained by the lower court, insists that twenty years of adverse user is necessary to mature such, right to an easement, while the…
1Opinion of the CourtBartch, C. J.
This is an action for damages and for injunctive relief. The plaintiff claims that the defendants committed and threaten to commit trespass upon his land. In the answer it is averred that the acts of trespass complained of were the lawful acts of the defendants in removing obstructions placed across the road over plaintiff’s land by the plaintiff for the purpose of annoying them while traveling to and from their home; and that for more than ten years prior to the bringing of this suit the defendants and those having occasion to go to and from the premises of defendant *243Mads Anderson have…
2Cases cited2 opinions
- Harkness v. WoodmanseeUtah Supreme Court · 1891
- Yeager v. WoodruffUtah Supreme Court · 1898
3Cited by11 opinions
- Morris v. BluntUtah Supreme Court · 1916
- Hays v. De AtleyMontana Supreme Court · 1923
- Savage v. NielsenUtah Supreme Court · 1948
- Huntsman v. HuntsmanUtah Supreme Court · 1920
- Lund v. WilcoxUtah Supreme Court · 1908
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