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RADER v. TAYLOR

No. 9875.

333 P.2d 480 (1958)

Lester C. RADER and Myrtle B. Rader, Plaintiffs and Respondents, v. Garvin C. TAYLOR, Defendant, and Frances (Frances) A. Taylor, Defendant and Appellant.

Supreme Court of Montana.

Decided November 24, 1958.

Rehearing Denied January 13, 1959.

Attorney(s) appearing for the Case

H.B. Landoe and Joseph B. Gary, Bozeman, Burke, Hibbs & Sweeney, Billings, H.B. Landoe, Joseph B. Gary and R.F. Hibbs, argued orally, for appellant.

Loble & Picotte, and P.F. Hooks, Helena, Gene A. Picotte, argued orally for respondents.

ANGSTMAN, Justice.

This action was brought by plaintiffs to obtain restitution of certain real property in Meagher County sold by plaintiffs to defendants under a contract for installment payments. Likewise plaintiffs sought an injunction enjoining and restraining the defendants from removing improvements and from cutting or removing trees and saw logs until the further order of the court.

The cause was originally set for trial on April 3, 1957, before the...

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