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GRIFFIN v. SCOTT

No. 85-273.

710 P.2d 1337 (1985)

William J. GRIFFIN and Brenda G. Griffin, Plaintiffs and Respondents, v. Kenneth E. SCOTT and Barbara J. Scott, Defendants and Appellants.

Supreme Court of Montana.

Decided November 6, 1985.

Attorney(s) appearing for the Case

Tipp, Hoven, Skjelset & Frizzell, Raymond P. Tipp, Missoula, for appellant.

Baxter, Fletcher & Hanson, Robert L. Fletcher, Thompson Falls, for respondent.

GULBRANDSON, Justice.

Kenneth and Barbara Scott, appellants, appeal the denial of a motion to set aside a default judgment entered in the District Court of the Twentieth Judicial District, Sanders County. We affirm.

William and Barbara Griffin, respondents, filed a complaint on November 28, 1984, claiming a prescriptive easement over an existing roadway across appellants' adjoining property. The complaint and summons were personally served on appellants on...

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