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TE SELLE v. STOREY

No. 9565.

319 P.2d 218 (1957)

Arie TE SELLE, Plaintiff and Appellant, v. Wilbur STOREY, Defendant and Cross-Complainant and Respondent (Arie Te Selle and his wife, Julia Te Selle, Cross-Defendants and Appellants).

Supreme Court of Montana.

Rehearing Denied December 31, 1957.

Attorney(s) appearing for the Case

Lyman H. Bennett, Virginia City, Lyman H. Bennett, Jr., Bozeman, for appellants.

Lyman H. Bennett, Virginia City, argued orally for appellants.

H. A. Bolinger, Jr., George W. Horkan, Bozeman, for respondent.

George W. Horkan, Bozeman, argued orally for respondent.

ANGSTMAN, Justice.

This is an action to quiet title to approximately one-half section of land situated in Gallatin County and specifically described in the complaint.

The complaint after alleging plaintiff's ownership of the land alleges that defendant claims some interest therein which claim is without right. It then alleges that defendant for about five years has been interfering with plaintiff's enjoyment of the land by dumping water into and over it without...

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