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SCHILLINGER v. HUBER

No. 9526.

320 P.2d 346 (1958)

Edward J. SCHILLINGER, Plaintiff and Respondent, also Appellant, v. Paul L. HUBER, Executor of the Estate of Albert Huber, deceased, Defendant and Appellant, and Katie Huber, his wife, Defendant and Respondent.

Supreme Court of Montana.

Decided January 15, 1958.

Attorney(s) appearing for the Case

Louis P. Donovan and Patrick L. Donovan, Shelby, Pershing, Bosworth, Dick & Dawson, Winston S. Howard, Denver, Colo., Weir, Gough & Matson, Helena, for appellant. Winston S. Howard argued orally.

Leavitt & Lucas, James P. Lucas, Miles City, Oscar Nesvig, Wibaux, Hoover & Hoover, Circle, for respondent. James P. Lucas argued orally.

ROBERT J. NELSON, District Judge, sitting in place of BOTTOMLY, J. Justice.

Appeal from a judgment of the district court of McCone County reforming a deed in which the defendants, Albert Huber and Katie Huber, were the grantors and the plaintiff, Edward J. Schillinger, was the grantee.

The facts in the case are as follows: Defendants are husband and wife. On or about August 14, 1944, the plaintiff went to the farm...

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