Mcpherson v. Monegan
187 P.2D 542, 120 MONT. 454, 1947.MT.0000067
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Publisher Description
1. Boundaries ? Presumption of ownership of land to center of road. The language of the deed and the physicial facts were held insufficient to overcome the presumption declared by section 6772, R.C. 2. Easements ? Facts of case show private easement survived public easement. Where party owned the land on both sides of public road and subsequently private easement over said public road, then on abandonment of the public road the private easement survived and continued in existence. 3. Easements ? Necessity of enjoyment of easement not controlling here. The fact that there were other means of access to the land conveyed than the county road, as by the waters of a navigable lake, did not prevent creation of private easement in such road by land owner, nor passage of such easement to one to whom owner conveyed land, easement not being based on necessity.