Ingels v. Mickalson

THE HON. ROBERT S. KELLER, District Judge, sitting for Mr. Chief Justice Harrison,

delivered the opinion of the court.

Plaintiffs Donald and Bonita Ingels brought suit against defendants Claudia Ann and Terrance Lee Mickalson, to establish an easement across the rear portion of a lot in the City of Helena, which Mickalsons are purchasing. The claim is predicated upon a prescriptive easement, or in the alternative, an easement by implication.

The properties involved are lots 20 and 21 of Block 395, of Helena Townsite, located adjacent to each other on West Lawrence Street in the City of Helena;…