JENSEN v. FRANKLIN

No. 9820.

340 P.2d 832 (1959)

William H. JENSEN and wife, Margaret Jensen, as joint tenants with the right of survivorship, Plaintiffs and Appellants, v. Glen FRANKLIN and wife, Lillian Franklin, Defendants and Respondents.

Supreme Court of Montana.

Decided June 9, 1959.


Attorney(s) appearing for the Case

DeKalb, Dockery & Mondale, James C. Wilkins, Jr., Lewistown, for appellant. H. Leonard DeKalb, Lewistown, and James C. Wilkins, Jr., argued orally.

McKenna & Ronish, Lewistown, for respondent. James E. McKenna and Donald E. Ronish, Lewistown, argued orally.


ANGSTMAN, Justice.

Plaintiffs appeal from a judgment entered partially in their favor in a suit on a promissory note in the sum of $10,000 secured by a mortgage on defendants' land.

Plaintiffs alleged that at the time of suit there was $4,000 due on the note, together with interest thereon, from October 1, 1953, at the rate of five percent per annum together with costs of abstract of title amounting to $118 with interest, premiums paid on insurance on the...

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