Cedar Lane Ranch, Inc. v. Lundberg
Montana Supreme Court
991 P.2d 440 (1999)
- Written by Ron Leshnower, JD
Facts
In 1902, Albert Tinklepaugh conveyed land west of a county road, now a highway, to James McGowan, a predecessor in interest to Cedar Lane Ranch, Inc. (Cedar Lane Ranch) (plaintiff). In 1916, Tinklepaugh conveyed land east of this road to Carl Nelson (defendant), who deeded his land to the Carl Nelson Ranch Company (Carl Nelson Ranch) (defendant) in 1964. For a while, both Cedar Lane Ranch and Carl Nelson Ranch believed that more than seven acres of property west of the highway was owned by Cedar Lane Ranch. However, a right-of-way survey performed by Montana in 1994 revealed that more than seven acres of property west of the highway was owned by Cedar Lane Ranch. Based on this new information, Cedar Lane Ranch brought an action in the district court to quiet title to the disputed property, and Carl Nelson Ranch filed a counterclaim. The state district court granted summary judgment in favor of Cedar Lane Ranch both on its complaint and on Carl Nelson Ranch’s counterclaim, and Carl Nelson Ranch appealed.
Rule of Law
Issue
Holding and Reasoning (Hunt, J.)
Dissent (Trieweiler, J.)
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