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GIARRATANA v. NADDY

No. 9375.

284 P.2d 254 (1955)

Calcedonio GIARRATANA and Mabel Giarratana, husband and wife, Plaintiffs and Respondents, v. Martin T. NADDY, a single man, K. Hunter and E.J. Kinzler, co-partners, d/b/a Ohio Oil Syndicate, a co-partnership, J.F. Miskimen and Helen Miskimen, his wife, etc., Defendants and Appellants.

Supreme Court of Montana.

Decided May 31, 1955.

Attorney(s) appearing for the Case

H.B. Landoe, Bozeman, for appellants.

Milton G. Anderson, Sidney, D.C. Warren, Glendive, Milton G. Anderson, argued orally, for respondents.

ANGSTMAN, Justice.

Plaintiffs brought this action to quiet title to certain described real estate situated in Dawson County, comprising 2,880 acres. The defendants filed an answer in which they admit the plaintiffs are the owners of the land in question, but allege that they gave to the Ohio Oil Syndicate, one of the defendants named, a certain oil and gas lease, which was duly recorded. They allege that the Ohio Oil Syndicate is a co-partnership consisting of defendants...

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