Parchen v. Ashby
Montana Supreme Court
Appeal from Third District, Lewis and Clarke County. I. The locus in quo in this case is a strip of land sixteen feet in width, fronting upon Rodney street, in the city of Helena, M. T., and extending back in a westerly direction, in the rear of lots Nos. 33, 34 and 35, in block No. 28, in- said He lena, a • distance of ninety feet. At its western end it abuts upon other property in said block 28, and no right or easement is claimed to extend beyond said point.
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Appeal from Third District, Lewis and Clarke County. I. The locus in quo in this case is a strip of land sixteen feet in width, fronting upon Rodney street, in the city of Helena, M. T., and extending back in a westerly direction, in the rear of lots Nos. 33, 34 and 35, in block No. 28, in- said He lena, a • distance of ninety feet. At its western end it abuts upon other property in said block 28, and no right or easement is claimed to extend beyond said point. In 1860, and long prior to the entry of the town site of Helena by the probate judge, one Scott had assumed to lay out this portion…
1Opinion of the Court
Wade, 0. J.
This controversy arose over a strip of land sixteen feet wide on Eodney street, in the town of Helena, and extending westerly ninety feet in the rear of lots owned by plaintiffs, which they claim is an alley, and prosecute this action to have the same so declared, and to perpetually enjoin the defendant from obstructing the same. The defendant denies that the ground is, or that it ought to be, declared an alley, and claims to own the Same by virtue of a deed from the probate judge.
On the trial 'the court found the following facts and conclusions of law:
First. That Scott’s addition…
2Cases cited1 opinion
- Hall v. AshbyMontana Supreme Court · 1876
3Cited by9 opinions
- Boise City v. WilkinsonIdaho Supreme Court · 1909
- McCloskey v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1908
- Hall v. North Ogden CityUtah Supreme Court · 1946
- City of Pueblo v. BuddSupreme Court of Colorado · 1894
- Bingham v. City of Walla Walla, Washington Territory1887
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