TIPTON v. BENNETT

No. 96-616.

934 P.2d 203 (1997)

Joyce TIPTON and Leona D. Wetherall, Plaintiffs and Appellants, v. Terry T. BENNETT and Brenda M. Bennett, husband and wife, Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided March 11, 1997.

Rehearing Denied April 3, 1997.


Attorney(s) appearing for the Case

Thomas F. Dowling; Dowling Law Firm, Helena, for Plaintiffs and Appellants.

Thomas Q. Johnson; Keller, Reynolds, Drake, Johnson & Gillespie, Helena, for Defendants, Respondents and Cross-Appellants.


LEAPHART, Justice.

Joyce Tipton and Leona Wetherall filed suit against Terry and Brenda Bennett seeking to enforce a restriction contained in the Bennetts' deed. This is an appeal by Tipton and Wetherall from the findings of fact, conclusions of law and order entered by the District Court after a bench trial. The Bennetts filed a cross-appeal. We affirm in part, reverse in part and remand for further proceedings.

Background

Although the parties...

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