City of Missoula v. Mix

MR. JUSTICE BOTTOMLY:

Action by city of Missoula, a municipal corporation, against David F. Mix, for a judgment as to the extent of defendant’s easement over and upon certain lands of the plaintiff, wherein defendant cross-complained. From an adverse judgment defendant appeals. Plaintiff apeals from a certain part of said judgment.

The undisputed facts are as follows: The defendant David F. Mix, on July 7, 1947, and prior thereto, was the owner of, in *368possession of, and entitled to the exclusive possession of lots 20 to 27, inclusive, of block 56 of McCormick’s addition to the city of Missoula,…