Benson v. Diehl

Plaintiffs appeal from the order of the Fifth Judicial District in and for Jefferson County, Montana, granting defendants’ motion for summary judgment. We affirm the order of the District Court.

The plaintiffs/appellants, Bensons, instituted a quiet title action to approximately 120 acres in Jefferson County. The record owner of the property, both surface and mineral rights, is the defendant, Kaiser. The property was acquired from Diehl, by warranty deed recorded October 3, 1978. Kaiser has been in possession of the property since 1977 under a lease option agreement.

Bensons base their claim on…