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ALBERT G. HOYEM TRUST v. GALT

No. 98-057.

968 P.2d 1135 (1998)

1998 MT 300

ALBERT G. HOYEM TRUST, Andrew Hoyem, John Hoyem, and Anna Fitzgerald, Successors and Co-Trustees, Plaintiffs and Appellants, v. Errol T. GALT and Sharrie Galt, Defendants and Respondents.

Supreme Court of Montana.

Decided December 8, 1998.

Attorney(s) appearing for the Case

Blair Jones, Jones Law Firm; Columbus, For Appellants.

John P. Poston; Harrison, Loendorf, Poston & Duncan, P.C.; Helena, For Respondents.

TERRY N. TRIEWEILER, Justice.

¶ 1 The plaintiffs, Andrew Hoyem and Anna Fitzgerald, filed suit on behalf of the Albert G. Hoyem Trust in the District Court for the Fourteenth Judicial District in Meagher County against Errol T. Galt and Sharrie Galt to judicially establish in Hoyem Trust's favor an unrestricted easement or way of necessity over and across certain real property owned by Galts. Both parties filed motions for summary judgment. The District Court...

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