BUTCHER v. PETRANEK

No. 14450.

593 P.2d 743 (1979)

Edward B. BUTCHER, Plaintiff and Respondent, v. Charles PETRANEK and George A. Petranek, Defendants and Appellants.

Supreme Court of Montana.

Decided April 24, 1979.


Attorney(s) appearing for the Case

Bradley B. Parrish, Lewistown, for defendants and appellants.

Morrow, Sedivy & Olson, Bozeman, for plaintiff and respondent.


DALY, Justice.

Defendants Charles and George Petranek appeal from an order of the District Court, Fergus County, denying their motion for a new trial.

This case involves a dispute over a fourteen mile roadway across plaintiff Edward Butcher's land which Petraneks, owners of a neighboring tract, had used for some years with Butcher's permission. This same roadway was the subject of a quiet title action previously before this Court. Taylor v. Petranek

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