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MALCOM v. STONDALL LAND AND INVESTMENT COMPANY

No. 9283.

284 P.2d 258 (1955)

Willard MALCOM and Evelyn Malcom, husband and wife, Plaintiffs and Appellants, v. STONDALL LAND AND INVESTMENT COMPANY, a corporation, Defendants, and Alice M. Stondall, Helen B. Stondall and Mrs. Robert J. Hogan, Intervenors and Respondents.

Supreme Court of Montana.

Decided May 31, 1955.

Attorney(s) appearing for the Case

Leavitt & Lucas, Miles City, Hansen, Jones & Culver, Baker, Al Hansen, Baker, argued orally, for appellants.

O'Neil & Cavanaugh, Desmond J. O'Neil, Glendive, Thomas J. Cavanaugh, Glendive, argued orally, for respondents.

DAVIS, Justice.

Appeal from an order of the district court for Fallon County, which set aside a judgment by default and permitted an answer upon the merits.

The pertinent facts are few. The plaintiffs (appellants here) commenced an action under R.C.M. 1947, section 93-6203 et seq., to quiet their title to certain described lands against Stondall Land and Investment Company, a corporation of the State of Minnesota, joining also as defendants all persons "unknown...

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