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GARRETT v. JACKSON

No. 14325.

600 P.2d 1177 (1979)

Joseph LeRoy Garrett et al., Plaintiff and Respondent, v. Leslie F. JACKSON et al., Defendants and Appellants.

Supreme Court of Montana.

Decided October 9, 1979.

Attorney(s) appearing for the Case

Schulz, Davis & Warren, Dillon; John Warren, argued, Dillon, for defendants and appellants.

R. Thomas Garrison argued, Virginia City, for plaintiff and respondent.

DALY, Justice.

This appeal is brought by Leslie and Betty Jackson from a decree of the District Court, Fifth Judicial District, declaring Joseph Garrett the owner of a prescriptive easement of way over their land in Madison County, Montana. The sole issue on appeal is whether the evidence presented to the District Court supports its finding that Garrett's use was adverse to the titles of Jacksons and their predecessors in interest and was not merely permissive.

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