YEGEN v. CARDWELL

No. 9626.

321 P.2d 1077 (1958)

Zellah Cardwell YEGEN and Peter Yegen, Jr., Plaintiffs and Respondents, v. Edna Frances CARDWELL and Benjamin E. Cardwell, Defendants and Appellants. Edna Frances CARDWELL and Benjamin E. Cardwell, Cross-Complainants and Appellants, v. Zellah Cardwell YEGEN and Peter Yegen, Jr., Cross-Defendants and Respondents.

Supreme Court of Montana.

Decided February 21, 1958.


Attorney(s) appearing for the Case

Sterling M. Wood, Billings, for appellant.

Wiggenhorn, Hutton, Schiltz & Sheehy, Billings, for respondent. R.G. Wiggenhorn, Billings, argued orally.


DEAN KING, District Judge, sitting in place of BOTTOMLY, Justice.

This action was brought by plaintiff's to quiet title to an easement and right-of-way for an irrigating ditch. The claimed easement and right-of-way covers a strip of land twelve feet wide, north and south, and bounded on the north by a line parallel to and thirty feet south of the north line of Lot 3, (being the NE 1/4 NW 1/4) of Section 3, Township 1 South, Range 25 East, in Yellowstone County, Montana...

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