Thibault v. Flynn

MR. JUSTICE ANGSTMAN:

This appeal involves the ownership of a triangular piece of land consisting of about two acres, situated in Missoula County.

The controversy is waged over the location of the boundary line between lands owned by plaintiff and defendants. The cause was tried to the court without a jury. The court found for defendants and this appeal followed.

The court ■ found that defendants'and their predecessors in interest, more than eighty years before the trial, had constructed a rail fence to enclose a homestead; that it was constructed before survey lines were established and without…