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CLARKE v. CHAMBERLAIN

No. 8979.

225 P.2d 477 (1950)

CLARKE v. CHAMBERLAIN, et al.

Supreme Court of Montana.

As Modified on Denial of Rehearing January 3, 1951.

Attorney(s) appearing for the Case

Smith, Boone & Rimel, Missoula, for appellant.

Taylor & McKenna, Hamilton, for respondent.

ADAIR, Chief Justice.

Plaintiff brought this suit to have a warranty deed and a contemporaneously executed contract declared to constitute a mortgage and, from an adverse decree, has appealed.

Frances Victoria Clarke owned certain land in Ravalli county, subject to the lien of a mortgage to the Federal Land Bank of Spokane, dated July 28, 1923.

Installment payments called for by the mortgage and taxes on the...

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