No. 10051.

351 P.2d 373 (1960)

Thomas T. MARONEY and Sylvia B. Maroney, Plaintiffs and Appellants, v. Charles DYLL, Defendant and Respondent.

Supreme Court of Montana.

Decided April 26, 1960.

Attorney(s) appearing for the Case

Paul W. Smith, J. Miller Smith and Chadwick H. Smith, Helena, J. Miller Smith argued orally for appellants.

Leo J. Kottas, Helena, for respondent.

C.B. ELWELL, District Judge, sitting in place of ANGSTMAN, Justice, delivered the Opinion of the Court.

This is an appeal by the plaintiffs from an order of the district court of the first judicial district of the State of Montana denying to the plaintiffs their claim to a public road over the premises of the defendant, Charles Dyll.

In the beginning, and during the trial of the case, it was difficult to determine on which of the three theories the plaintiffs...

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