State v. Portmann

This is an action by the State of Montana to remove alleged encroachments and obstructions from a public road. Error is specified in the findings of fact and conclusions of law made by the judge of the 18th Judicial District, sitting without a jury, which were generally favorable to the defendant, Martin E. Portmann. Because of their mutuality of interests the plaintiff, State of Montana, and the defendants, Trevor S. and Eleanor H. Povah (husband and wife), jointly perfected this appeal.

Respondent Portmann (hereinafter called Portmann) owns the southeast quarter of the northwest quarter and…