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CUMMINGS v. CANTON

No. 90-085.

796 P.2d 574 (1990)

Edward A. CUMMINGS and Carole J. Cummings, Plaintiffs and Respondents, v. Joseph CANTON, a/k/a Joe Canton; Jim Canton; William G. Schiller, Sr.; Clara Schiller, Sr.; Clara Schiller; Ruffatto Land & Cattle Co., a Montana corp.; Loretta C. Ruffatto; Timothy Watson; Wayne A. Herman; Metropolitan Life Insurance Company, a corporation; Ravalli County; John Foley; and all other persons; unknown, claiming or who might claim any right, title, estate or interest in or lien or encumbrance upon the property described in the complaint adverse to plaintiffs' ownership or any cloud upon plaintiffs' title thereto, whether such claim or possible claim be present or contingent, defendants and appellants.

Supreme Court of Montana.

Decided August 17, 1990.

Attorney(s) appearing for the Case

Richard R. Buley, Tipp, Frizzell & Buley, Missoula, for defendants and appellants.

John T. Spangler, Cummings Law Firm, Missoula, for plaintiffs and respondents.

SHEEHY, Justice.

The plaintiffs, Edward and Carole Cummings (Cummings), filed a quiet title action in Fourth Judicial District Court, Ravalli County. The defendants answered the quiet title complaint by claiming a prescriptive easement over Cummings' land. The District Court granted Cummings' quiet title claim, and denied defendants' prescriptive easement claim. Now the defendants appeal the District Court's denial of their prescriptive easement claim. We affirm....

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