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POVAH v. PORTMANN

No. 11112.

423 P.2d 56 (1967)

STATE of Montana, Plaintiff and Appellant, Trevor S. Povah and Eleanor H. Povah, Defendants and Appellants, v. Martin E. PORTMANN, Defendant and Respondent.

Supreme Court of Montana.

Decided January 25, 1967.

Attorney(s) appearing for the Case

G. Page Wellcome, County Atty. (argued), Ben E. Berg, Jr., (argued), Bozeman, for appellants.

Lyman H. Bennett, Jr. (argued), Bozeman, for respondent.

DOYLE, Justice.

This is an action by the State of Montana to remove alleged encroachments and obstructions from a public road. Error is specified in the findings of fact and conclusions of law made by the judge of the 18th Judicial District, sitting without a jury, which were generally favorable to the defendant, Martin E. Portmann. Because of their mutuality of interests the plaintiff, State of Montana, and the defendants, Trevor S. and Eleanor H. Povah (husband...

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