Lunt v. Kitchens

McDonough, justice.

This is a suit brought by a landowner to have defendants enjoined from using a driveway on her property. Defendants entered a counterclaim to have an easement by prescription declared in them. The lower court found that defendants and their predecessors in interest had used the claimed right of way openly, adversely, continuously, uninterruptedly, and under claim of right for a period of more than twenty-five years and granted the counterclaim. Plaintiffs appeal.

Appellant Lunt, the original plaintiff, is the owner of property located at 418 East Fourth South in Salt Lake…