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POEPPING v. MONSON

No. 10020.

353 P.2d 325 (1960)

354 P.2d 183

138 Mont. 38

Wilfred W. POEPPING, Plaintiff and Respondent, v. Rose E. MONSON, Defendant and Appellant.

Supreme Court of Montana.

Decided May 27, 1960.

Rehearing denied July 26, 1960.

Attorney(s) appearing for the Case

Loble, Picotte & Hooks, Helena, for appellant. Patrick F. Hooks argued orally.

Skedd, Harris & Massman, Helena, for respondent. L. V. Harris, Helena, argued orally.

ERNEST E. FENTON, District Judge, sitting in place BOTTOMLY, J.

This suit was instituted to obtain a determination that the defendant, who is the mother-in-law of plaintiff, holds an undivided one-half interest in certain real property in trust for the benefit of the plaintiff. Following the trial, the lower court expressly found the allegations of plaintiff's complaint to be true and the allegations of defendant's answer and cross-complaint to be untrue. Judgment...

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