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MAREK v. SMITH

No. 9472.

314 P.2d 864 (1957)

J. G. MAREK, Plaintiff and Respondent, v. Lloyd E. SMITH, et al., Defendants, and Ralph McVey, Defendant and Appellant.

Supreme Court of Montana.

Decided August 9, 1957.

Attorney(s) appearing for the Case

Donald W. McKenna, Hamilton, Smith, Boone & Rimel, Jack W. Rimel, Missoula, for appellant. Donald W. McKenna and Jack W. Rimel argued orally.

H.C. Packer, Hamilton, aruged orally for respondent.

ANGSTMAN, Justice.

This is an action to quiet title to real estate in Ravalli County. Plaintiff claims title through delinquent tax proceedings, and the defendant, Ralph McVey, claims title as the grantee from the record owner after he had purportedly lost title through the delinquent tax proceedings.

The trial was had on an agreed statement of facts. The facts agreed to are these: The tax deed issued by Ravalli County was dated March 18, 1942, and ran to...

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