Simonson v. McDonald

MR. JUSTICE ANGSTMAN:

This action was brought by plaintiffs seeking a decree establishing a right of way across defendants’ land based upon necessity.

The complaint alleges and the evidence shows that plaintiffs acquired Section Thirty-one (31), Township eight (8) south, Range seven (7) east, in Park County on September 28, 1951, by grant from the Northern Pacific Railway Company. The defendants acquired the south half of the south half of Section Twenty-nine (29), Township eight (8) south, Range seven (7) east, in Park County from the Northern Pacific Railway Company, some of it having been…