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SCOTT v. WEINHEIMER

No. 10375.

374 P.2d 91 (1962)

Lewis H. SCOTT and Katherine A. Scott, Plaintiffs and Respondents, v. Ervin J. WEINHEIMER and Stella A. Weinheimer, Defendants and Appellants.

Supreme Court of Montana.

Decided July 13, 1962.

Rehearing Denied August 31, 1962.

Attorney(s) appearing for the Case

DeKalb, Dockery, Mondale & Johnson, Robert L. Johnson (argued orally), Lewistown, for appellants.

Donald E. Ronish (argued orally), J.E. McKenna (argued orally), Lewistown, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal by the defendants, Ervin J. Weinheimer and Stella A. Weinheimer, from a judgment of the district court for Fergus County, Montana, decreeing that the plaintiffs, Lewis H. Scott and Katherine A. Scott, are the owners of an easement for road purposes over lands belonging to the defendants and enjoining the defendants from interfering with its use.

The complaint alleges: That the plaintiffs are the owners in fee simple...

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