CLEMANS v. MARTIN

No. 85-546.

719 P.2d 787 (1986)

Jessie H. CLEMANS, Defendant and Respondent, v. Wayne MARTIN and Joyce Martin, Plaintiffs and Appellants.

Supreme Court of Montana.

Decided June 5, 1986.


Attorney(s) appearing for the Case

M. Richard Gebhardt, Ronan, for plaintiffs and appellants.

French, Mercer, Grainey & Duckworth, John Mercer, Polson, for defendant and respondent.


MORRISON, Justice.

Wayne and Joyce Martin (appellants) appeal the August 26, 1985, order of the Twentieth Judicial District Court, County of Lake, denying them a prescriptive easement for a roadway across Jessie Clemans' (respondent) property. We affirm.

Appellants own a forty acre parcel of land on the west slope of the Mission Mountains. Their land is bordered on three sides by land belonging to the Confederated Salish and Kootenai Tribes. Respondent owns...

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