EWAN v. STENBERG

No. 12892.

541 P.2d 60 (1975)

Wright EWAN and Hazel Ewan, husband and wife, Plaintiffs and Appellants, v. Olav S. STENBERG et al., Defendants and Respondents.

Supreme Court of Montana.

Decided August 21, 1975.

Rehearing Denied October 17, 1975.


Attorney(s) appearing for the Case

Lee Overfelt argued, Billings, for appellants.

Longan & Holmstrom, Franklin S. Longan argued, Billings, for respondents.


JAMES T. HARRISON, Chief Justice.

Plaintiffs appeal from a summary judgment entered for defendants in the district court, Sweet Grass County.

Plaintiffs' amended complaint alleged a right of way by prescription or a public way across Stenberg's land or, in the alternative, to condemn a way of necessity. All defendants filed motions to dismiss and to strike. Defendant Stenberg was ordered to show cause why injunctive relief should not be granted. The district...

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