M. v. Si Smith v. Foss

Defendant appeals from an order of the District Court, Ravalli County, entered on April 8, 1977. In this order the court “clarified” its earlier order of October 6, 1975, regarding the testing procedure to be used to determine the organic content of peat material.

Plaintiff in the present suit is M. V. “Si” Smith and defendants are Sam T. and Alice I. Foss, husband and wife, and their son, John. In 1968, this Court held that Smith’s lessor was entitled to extract peat from Foss’s property and to the use of surface lands reasonably necessary or incidental to the extraction of peat. State ex…