SMITHERS v. HAGERMAN

No. 89-371.

797 P.2d 177 (1990)

Violet L. SMITHERS and James J. Aker, Plaintiffs and Respondents, v. Donald HAGERMAN and Bernide E. Hagerman, Defendants and Appellants.

Supreme Court of Montana.

Decided August 17, 1990.


Attorney(s) appearing for the Case

Lane K. Bennett, Kalispell, for defendants and appellants.

James C. Bartlett, Hash, O'Brien & Bartlett, Kalispell, for plaintiffs and respondents.


WEBER, Justice.

In a boundary dispute, the District Court for the Eleventh Judicial District, Flathead County, ruled in favor of plaintiffs, ordered that defendants remove their encroachments on plaintiffs' land and awarded damages in the amount of $7,159. Defendants appeal. We affirm.

The issues for our consideration are:

1. Did the District Court err in ruling that the plaintiffs proved by a preponderance of the evidence that their southern boundary...

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