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HENTZY v. MANDAN LOAN & INVESTMENT. CO.

No. 9331.

286 P.2d 325 (1955)

129 Mont. 324

Jacob H. HENTZY, also known as Jake Hentzy, Plaintiff and Respondent, v. MANDAN LOAN & INVESTMENT CO., a corporation, et al., and G.W. Fillner et ux., Defendants and Appellants.

Supreme Court of Montana.

Decided July 27, 1955.

Attorney(s) appearing for the Case

Russell K. Fillner, County Atty., H.G. Young, Forsyth, for appellant. Ruessell K. Fillner, County Atty., and H. G. Young, Forsyth, argued orally for appellants.

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

ANGSTMAN, Justice.

This action was commenced on April 8, 1952, to quiet title to sections 6 and 8 in Township 20, North, Range 51, situated in Dawson County.

Defendant George W. Fillner filed an answer in which he alleges in substance that he is the owner of the south half of section 6. The reply put in issue the allegations of the answer. Upon leave of court the plaintiff was permitted to file an amended reply in which he asserted the doctrine of laches and...

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