No. 9984.

351 P.2d 223 (1960)

Roy CRAWFORD and James Gratz, Plaintiffs and Appellants, v. Mary Blake GRIFFITH, as the duly appointed qualified and acting Executrix of the Estate of the Last Will and Testament of G.R. Moshier, Deceased; Leslie Blake and Agnes Rose Blake, husband and wife; Mon-O-Co Oil Corporation, a corporation; I. W. Love, as an individual and also as doing business as I.W. Love Drilling Company; Irven M. Eitreim and Pauline G. Eitreim, husband and wife; Harold W. Eitreim and Margie V. Eitreim, husband and wife; Claire L. Eitreim; Viole Eitreim; John Jacobsen and Wilda Jacobsen, husband and wife; George Randish, and Pearl Randish, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

April 13, 1960.

Attorney(s) appearing for the Case

Hansen, Jones & Culver, Baker, for appellants.

Clayton Jones, Miles City, argued orally for appellants.

Brown, Sande, Symmes & Forbes, Billings, Young & Martin, Baker, for respondents.

Arthur B. Martin, Baker, argued orally for respondents.

VICTOR H. FALL, District Judge, (sitting in place of ANGSTMAN, J.).

This is an appeal by the plaintiffs from an adverse judgment.

From the record and arguments before the court the following facts may be gleaned: By warranty deed dated July 3, 1945, and acknowledged on July 5, 1945, G.R. Moshier and his wife, Ella Moshier, conveyed Section 8, T. 7 N., R. 61 E., in Fallon County to one James Gratz. The deed bore $4.40 in revenue stamps indicating a consideration...

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