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INGELS v. MICKALSON

No. 13110.

549 P.2d 459 (1976)

Donald INGELS and Bonita Ingels, Plaintiffs and Appellants, v. Claudia Ann MICKALSON and Terrance Lee Mickalson, Defendants and Respondents.

Supreme Court of Montana.

Submitted March 5, 1976.

Attorney(s) appearing for the Case

Small, Cummins & Hatch, Carl A. Hatch argued, Helena, for plaintiffs and appellants.

Keller, Reynolds & Drake, Herbert George argued, Helena, for defendants and respondents.

ROBERT S. KELLER, District Judge*:

Plaintiffs Donald and Bonita Ingels brought suit against defendants Claudia Ann and Terrance Lee Mickalson, to establish an easement across the rear portion of a lot in the City of Helena, which Mickalsons are purchasing. The claim is predicated upon a prescriptive easement, or in the alternative, an easement by implication.

The properties involved are lots 20 and 21 of Block 395, of Helena Townsite...

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