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HENNIGH v. HENNIGH

No. 9333.

309 P.2d 1022 (1957)

131 Mont. 372

George W. HENNIGH and Genevieve Hennigh Atterberry, Plaintiffs and Appellants, v. Marian HENNIGH and Marian Hennigh, as Administratrix of the Estate of Charles D. Hennigh, Deceased, Defendant and Respondent.

Supreme Court of Montana.

Amended on Denial of Rehearing May 3, 1957.

Attorney(s) appearing for the Case

Patrick F. Hooks and Frank T. Hooks, Townsend, for appellants.

Frank T. Hooks, Townsend, argued orally for appellants.

Fred W. Schmitz, Townsend, Toomey & Hughes, Helena, for respondent.

Fred W. Schmitz, Townsend, and Michael J. Hughes, Helena, argued orally for respondent.

HARRISON, Chief Justice.

This is an action to quiet title to two-thirds of one-half of certain real property located in Townsend, Montana.

Respondent and Charles D. Hennigh were married at Dillon in 1931. They had no children, but by a previous marriage Charles D. Hennigh had two children, the appellants herein.

Respondent and her husband lived at Livingston, Montana, from 1931 to 1944 when they moved to Townsend. In Livingston they had a joint bank...

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