(Download) "Delgue v. Curutchet" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: Delgue v. Curutchet
- Author : Supreme Court of Wyoming
- Release Date : January 31, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The essential substantive question which is presented by these cases involves the right of a lessee to make use of an appurtenant easement established by prescription in favor of the lands which he is leasing. In order to resolve this essential substantive question the court must first concern itself with whether the related doctrines of res judicata and collateral estoppel preclude an attempt by the lessee to establish his right to use of the easement because of language in the judgment establishing the easement which purports to exclude lessees. The trial court ruled that the owner of the dominant estate and her current lessee both were precluded by the prior judgment from attempting to establish the right of the current lessee to make use of the easement. It is our conclusion that the current lessee is not precluded by the prior judgment, and that he has the right to use the appurtenant easement in connection with his lease of the dominant estate. To that extent we shall reverse the district court. We have been unable to discern any rule which permits the owner of the dominant estate to pursue this issue by simply filing a new complaint in the prior action, and consequently, being persuaded that she failed to invoke the jurisdiction of the district court, we shall dismiss her appeal.