POEPPING v. NEIL

No. 12145.

499 P.2d 319 (1972)

Wilfred W. POEPPING and Joyce M. Poepping, husband and wife, Plaintiffs and Respondents, v. Wayne NEIL and Ruth Neil, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided July 19, 1972.


Attorney(s) appearing for the Case

Gough, Booth, Shanahan & Johnson, Ward A. Shanahan, argued, Helena, for defendants and appellants.

Loble, Picotte, Loble, Pauly & Sternhagen, Gene Picotte, argued, Helena, for plaintiffs and respondents.


CASTLES, Justice.

This is an appeal from a judgment entered on findings of fact and conclusions of law by the district court of the first judicial district, Lewis and Clark County, the Honorable Nat Allen presiding. The judgment and a subsequent order were in favor of plaintiffs. Defendants appeal.

The issues on appeal are:

1) Did the district court err in concluding that plaintiffs had established a prescriptive right to use an access road and driveway...

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