Schmid v. McDowell

The plaintiffs appeal a judgment issued by the District Court of the Eleventh Judicial District, Flathead County, denying their claim for an implied reservation of right-of-way or way of necessity across defendants’ land.

The facts were stipulated on appeal and, with reference to Exhibit 1 below, may be summarized as follows:

A person named Junkins acquired title to Tract A (Schmid Tract) in 1908 and acquired title to Tract B (McDowell Tract) in 1940. In 1914 he bought and then sold Tract C (Mathiason Tract). In 1945, he sold Tract B to the predecessors in interest of the respondents…