TILLINGER v. FRISBIE

No. 10073.

353 P.2d 645 (1960)

Paul W. TILLINGER and Veronica Tillinger, Plaintiffs and Appellants, v. Stanton Elbert FRISBIE, Defendant and Respondent.

Supreme Court of Montana.

Decided July 7, 1960.

Rehearing denied July 27, 1960.


Attorney(s) appearing for the Case

Ralph Anderson and Stanley P. Sorenson, Helena, Frank E. Blair, Virginia City, Ralph Anderson argued orally for appellant.

Lyman H. Bennett, Jr., Bozemen, Francis J. McGan, Butte, Lyman H. Bennett, Jr. argued orally for respondent.


HARRISON, Chief Justice.

This is an appeal from a judgment of the district court of the fifth judicial district sustaining defendant Frisbie's demurrer to plaintiff Tillingers' second amended complaint, denying leave to amend, and awarding costs in the amount of $10.50 to defendant.

The action is between two adjacent landowners in Madison County, Montana, who previously were involved in litigation concerning the boundary line between their respective properties...

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