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JOHNSTONE v. SANBORN

No. 10123.

358 P.2d 399 (1960)

Alexander B. JOHNSTONE, Plaintiff and Respondent, v. Bruce W. SANBORN, Defendant and Appellant.

Supreme Court of Montana.

Decided November 30, 1960.

Rehearing Denied December 16, 1960.

Attorney(s) appearing for the Case

Ralph J. Anderson, Helena, argued orally for appellant.

Floyd O. Small, Myles J. Thomas, Helena, argued orally for respondent.

ANGSTMAN, Justice.

This is an action to quiet title to certain described land situated in Lewis and Clark County. It was commenced on March 8, 1955.

Plaintiff recovered judgment and defendant has appealed therefrom. The following facts appear. In 1933, defendant Sanborn claimed to be the owner of the property in question, and on April 3, 1933, he leased it to Johnstone by a written lease. Johnstone took possession and has ever since occupied the premises....

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