HARRISON, Chief Justice.
This is an appeal by the defendants, Oscar Tillman and his wife Mrs. Oscar Tillman, from a judgment in favor of the plaintiff, Joel Ballenger, rendered by the district court of the fourth judicial district of the State of Montana, in and for the County of Sanders.
In his complaint plaintiff alleged:
"1. That at all times herein mentioned the defendants were husband and wife, residing together as such.
"2. That the defendants...
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