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SHOAL v. BAILEY

No. 10034.

362 P.2d 234 (1961)

Tilda C. SHOAL, Plaintiff and Appellant, v. Helga Sjaastad BAILEY, Anna Sjaastad Phillips, Ole A. Sjaastad, deceased, and Leone Sjaastad, wife of Ole A. Sjaastad, deceased; Carol Sodergren, and Kathleen Vandawalker, daughters of Ole A. Sjaastad, deceased; and the sole heirs at law of Ole A. Sjaastad, deceased; Elmer H. Sjaastad and Mildred Sjaastad, his wife; H. George Sjaastad and Agnes Sjaastad, his wife, and all other persons, firms or corporations, both known and unknown, who claim or might claim any right, title, estate or interest in or lien or encumbrance upon the real property described in the complaint, or any part thereof, adverse to plaintiff's ownership, or any cloud upon plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, Defendants and Respondents.

Supreme Court of Montana.

May 23, 1961.

Attorney(s) appearing for the Case

Vernon Hoven, Missoula, argued orally for appellant.

Michael G. Chilton, Helena, argued orally, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal from an order vacating and setting aside a judgment entered in the district court of the fifteenth judicial district of Sheridan County, Montana.

Complaint was filed on March 1, 1957, and answer filed by the appearing defendants on May 13, 1958, in which answer Walter O. Burk of Williston, North Dakota, was designated as the attorney, and thereafter trial of the cause was had, and a decree was entered by...

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