Coleman v. Hines
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Hon. Ogden Hiles, Judge. The case is stated in the opinion. From a judgment partly in favor of the plaintiff, the defendant appealed. Twenty years user is necessary to establish an easement for a right of way. An easement can be acquired only by grant or by prescription. A grant is not claimed here.
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Appeal from the Third District Court, Salt Lake County.— Hon. Ogden Hiles, Judge. The case is stated in the opinion. From a judgment partly in favor of the plaintiff, the defendant appealed. Twenty years user is necessary to establish an easement for a right of way. An easement can be acquired only by grant or by prescription. A grant is not claimed here. Prescription is only allowed to supply the loss of a grant, which is presumed from use extending so long that the “memory of man runneth not to the contrary.” Modern adjudications have altered the rule. Twenty years use furnishes the…
1Per curiam
The plaintiff in her complaint claims that she is and has been since October 24, 1891, the owner, and in the open, quiet, peaceable, and adverse possession, of the premises in controversy, and claims title thereto in fee; that defendant claims an estate therein adversely to her, which is without right; and she prays that it be adjudged void. Defendant claims title in fee and possession of the property. The trial court decreed the title in fee to the disputed strip of land in the defendant, but found that since about the first day of March, 1892, the plaintiff has had and used a right of way…
2Cases cited3 opinions
- Harkness v. WoodmanseeUtah Supreme Court · 1891
- Funk v. AndersonUtah Supreme Court · 1900
- Larsen v. OnesiteUtah Supreme Court · 1899
3Cited by4 opinions
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Huntsman v. HuntsmanUtah Supreme Court · 1920
- Big Cottonwood Tanner Ditch Co. v. MoyleUtah Supreme Court · 1946
- Wall v. United States Mining Co.Court of Appeals for the Eighth Circuit · 1916