Garrett v. Jackson

This appeal is brought by Leslie and Betty Jackson from a decree of the District Court, Fifth Judicial District, declaring Joseph Garrett the owner of a prescriptive easement of way over their land in Madison County, Montana. The sole issue on appeal is whether the evidence presented to the District Court supports its finding that Garrett’s use was adverse to the titles of Jacksons and their predecessors in interest and was not merely permissive.

In 1895 Joseph and Sam Heggenberger built a slaughterhouse on a tract of land immediately north of Mill Creek. They sold the tract in 1917 to Walter…