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MABERRY v. GUETHS

No. 89-19.

777 P.2d 1285 (1989)

Lillian H. MABERRY; William K. McBurney and Ethel E. McBurney, husband and Wife; and John W. McBurney and Sally D. McBurney, husband and wife, Plaintiffs and Appellants, v. Gary W. GUETHS and Eva E. Gueths, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided July 25, 1989.

Rehearing Denied August 25, 1989.

Attorney(s) appearing for the Case

J.H. Morrow, Morrow, Sedivy & Bennett, P.C., Bozeman, for plaintiffs and appellants.

Torger Oaas, Lewistown, Sherman V. Lohn, of counsel, Missoula, for defendants and respondents.

GULBRANDSON, Justice.

Appellants sought a District Court order declaring void deeds by which respondents the Gueths claimed title to portions of certain abandoned railway lines. The District Court for the Tenth Judicial District, Fergus County, ruled that the Gueths held fee simple title to the property. We affirm.

The issues are:

1. Did the trial court err in finding that the railroad held fee title to the land, and not only a right-of-way easement...

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