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SHUMWAY v. TOM SANFORD, INC.

No. 5493.

637 P.2d 666 (1981)

Lenard SHUMWAY and Edith Shumway, Appellants (Plaintiffs), v. TOM SANFORD, INC., a Wyoming Corporation, Appellee (Defendant).

Supreme Court of Wyoming.

December 14, 1981.

Attorney(s) appearing for the Case

Michael S. Messenger, Thermopolis, for appellants.

Ruth Clare Yonkee, Thermopolis, and Elmer J. Scott, Worland, for appellee.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY and BROWN, JJ.

THOMAS, Justice.

This case arises out of a claim of an easement to travel over the lands of another asserted to have been acquired by prescription. The district court found that no prescriptive easement had been acquired because the appellants Shumway had not established that their use was adverse or hostile. In so finding the district court rejected the appellants' argument that a presumption of adverse and hostile use arises out of the establishment of the other...

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