Jilu H. Luker and George W. Luker Ii, Appellants and Cross-Appellees v. Dwane J. Sykes, Appellee and Cross-Appellant

Summary

The court reversed the finding that the Lukers' property was burdened by an RS 2477 right of way because Walker acquired an inceptive homestead interest when he filed the required application and final proof, before the federal survey created the section lines. It affirmed the finding of an express easement because the auction materials, sales contract, deed-related documents, and purchaser testimony showed an intent to reserve the access easements. The court also affirmed the rulings rejecting Sykes's bias, tort, discovery, summary-judgment, trial-management, and costs challenges.