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BROWN v. TINTINGER

No. 90-225.

801 P.2d 607 (1990)

Rockwood Scott BROWN and Debora A. Brown, husband and wife, Plaintiffs and Respondents, v. Douglas E. TINTINGER, Pearl Tintinger and Thomas Tintinger, Defendants and Appellants.

Supreme Court of Montana.

Decided November 29, 1990.

Attorney(s) appearing for the Case

Carl A. Hatch, Small, Hatch, Doubek & Pyfer, Helena, for defendants and appellants.

Peter Michael Meloy, Meloy Law Firm, Helena, for plaintiffs and respondents.

WEBER, Justice.

Plaintiffs, Rockford and Debora Brown (Browns), filed this suit to quiet title to their real property and particularly to determine whether defendants, Douglas, Pearl, and Thomas Tintinger (Tintingers), have a perfected prescriptive easement across Browns' property. Tintingers cross claimed, claiming a right of access across Browns' property, intentional attempt by Browns to deprive them of use of the access, and seeking damages caused by the deprivation...

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