THOMAS v. BARNUM

No. 84-12.

684 P.2d 1106 (1984)

Jerome H. THOMAS, Ruth N. Thomas, D. Gary Thomas, Phillip Mark Thomas, and Lee Crafton, Plaintiffs and Respondents, v. Edwin BARNUM, Defendant and Appellant.

Supreme Court of Montana.

Decided June 28, 1984.


Attorney(s) appearing for the Case

Warden, Christiansen, Johnson & Berg; Stephen C. Berg, Kalispell, for defendant and appellant.

Turnage & McNeil, John Mercer, Polson, for plaintiffs and respondents.


GULBRANDSON, Justice.

Defendant Edwin Barnum appeals from a judgment of the District Court of the Fourth Judicial District, Lake County, finding a prescriptive easement across his property in favor of plaintiffs, and enjoining him from obstructing plaintiffs' use of the easement. We affirm.

In dispute is the right to use without permission or obstruction a dirt and gravel road running north from the Lake Mary Ronan Highway through lands owned by plaintiffs...

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