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COPE v. COPE

No. 11975.

493 P.2d 336 (1971)

KENNETH A. COPE, PLAINTIFF AND RESPONDENT, v. THEODORE R. COPE AND MARGUERITE V. COPE, DEFENDANTS AND APPELLANTS.

Supreme Court of Montana.

Decided December 30, 1971.

Rehearing Denied January 24, 1972.

Attorney(s) appearing for the Case

Bolinger & Wellcome, H.A. Bolinger, argued, Bozeman, Graybill, Graybill & Ostrem & Warner, Donald L. Ostrem, argued, Great Falls, for defendants and appellants.

John V. Potter, Jr., argued, White Sulphur Springs, Meloy, Kline & Niklas, Peter Meloy appeared, Helena, for plaintiff and respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal by defendants-appellants from a judgment entered in the District Court of Meagher County. The case was tried by the court without a jury and judgment was entered whereby the court found the plaintiff-respondent had acquired an easement by prescription over certain land owned by defendants, and that the easement enured to the benefit of plaintiff's successors and all other persons by invitation or contract with plaintiff...

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