Kelly v. Wallace
Montana Supreme Court
1Opinion of the CourtJustice Trieweiler
¶1 The plaintiffs, Andrew and Susanna Kelly, commenced this action for declaratory judgment in the District Court for the Fifth Judicial District in Madison County. They sought a determination of their rights in and to a bridge and road which provided access to their property. After a nonjury trial, the District Court held that Kellys were part owners of the bridge and have a limited easement by prescription over the road. Kellys appeal from that judgment. The defendants, James B. Wallace and John C. Wallace, have cross-appealed. We affirm the judgment of the District Court.
¶2 The parties…
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