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JAUMOTTE v. PETERSON

No. 11938.

487 P.2d 522 (1971)

Vital JAUMOTTE and Irene Jaumotte, Plaintiffs and Respondents, v. Marcia PETERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided July 30, 1971.

Attorney(s) appearing for the Case

Brown & Gilbert, William E. Gilbert, argued, Bozeman, for defendant-appellant.

Morrow, Nash & Sedivy, James H. Morrow, Jr., argued, Edmund P. Sedivy, appeared, Bozeman, for plaintiffs-respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal by defendant from a judgment entered against her in the district court of Gallatin County following trial before the court, sitting without a jury.

The action was in trespass. The record reveals that Vital and Irene Jaumotte, husband and wife, plaintiffs and Marcia Peterson, defendant, own lands which are contiguous. Both parties' land is situated in Herd District #7, but the Jaumottes use their land primarily...

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