Lindley v. Maggert

Plaintiffs brought an action in the Yellowstone County District Court seeking to have the defendants enjoined from interfering with the use of a roadway easement. The District Court granted judgment to plaintiffs and ordered defendants to remove a fence and other obstructions which hindered use of the easement. Defendants appeal.

The easement involved in this dispute is located on land purchased by the defendants from Sam Shimamoto. In the warranty deed conveying the land to Shimamoto a roadway easement was expressly reserved by the grantor, Stephen Pin-now. In March 1980 Pinnow conveyed the…