SIMONSON v. McDONALD

No. 9295.

311 P.2d 982 (1957)

Waldemar W. SIMONSON and Elsie A. Simpson, Husband and wife, Plaintiffs and Respondents, v. John A. McDONALD and Marguerlte McDonald, Husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided May 31, 1957.


Attorney(s) appearing for the Case

Loble & Loble & Gene A. Picotte, Helena, Fitzgerald, Ammerman & Bodine, Livingston, for appellant. David B. Fitzgerald, Livingston, argued orally.

Vard Smith, Berg & Pfohl, Livingston, Ralph J. Anderson, Helena, for respondent. Ben E. Berg, Livingtston, argued orally.


ANGSTMAN, Justice.

This action was brought by plaintiffs seeking a decree establishing a right of way across defendants' land based upon necessity.

The complaint alleges and the evidence shows that plaintiffs acquired Section Thirty-one (31), Township eight (8) south, Range seven (7) east, in Park County on September 28, 1951, by grant from the Northern Pacific Railway Company. The defendants acquired the south half of the south half of Section Twenty-nine...

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