Thomas v. Weller

Coady, District Judge.

This is an action brought by plaintiffs, as landowners of a fee interest, to enjoin the defendant, as owner of a hunting easement, from coming upon that portion of plaintiffs’ land which they claim is not subject to the defendant’s easement. After trial to the District Court, the trial judge held for the defendant and dismissed plaintiffs’ petition. The plaintiffs appeal and we reverse the judgment of the trial court.

Since 1968 at least, the plaintiffs have owned that portion of the Platte River which lies below or south to southeast of their farm property through…