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STATE v. OAKLAND

No. 9360.

287 P.2d 39 (1955)

The STATE of Montana, Plaintiff and Appellant, v. Dan M. OAKLAND, as County Treasurer of Valley County, Montana, and A.B. Friedlund, as Administrator with the Will Annexed of the Estate of J.T. Kotaki, Deceased, Defendants and Respondents.

Supreme Court of Montana.

August 13, 1955.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., J.J. McCaffery, Jr., Spec. Asst. Atty. Gen., argued orally, for appellant.

Gordon T. White, Co. Atty., Glasgow, for respondent Oakland, as County Treasurer.

John Marriott Kline and Leonard H. Langen, Glasgow, John Marriott Kline, argued orally, for respondent Friedlund and others.

DUNCAN, District Judge.

Plaintiff brought this action for the purpose of obtaining a declaratory judgment that certain real estate consisting of city lots in Glasgow, Valley County, Montana, be declared forfeited to the State of Montana as of August 1, 1931, under the provisions of the Alien Land Law, R.C.M. 1947, sections 67-1001 to 67-1008, and that Valley County has no claim for taxes against the property from that date.

The complaint, filed December 31...

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