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BOYSUN v. BOYSUN

No. 10260.

368 P.2d 439 (1962)

Mike E. BOYSUN, Plaintiff and Respondent, v. John C. BOYSUN and Tillie C. Boysun, also known as Tillie Boysun, his wife, Defendants and Appellants.

Supreme Court of Montana.

Argued January 16, 1962.

Attorney(s) appearing for the Case

Brattin, Habedank & Cumming, Wayne K. Cumming (argued orally), Sidney, for appellants.

Larry Persson, County Atty., (argued orally), Wolf Point, for respondent.

JAMES T. HARRISON, Chief Justice.

On March 27, 1953, a quitclaim deed involving farm land in McCone County was executed by the record owners, John C. Boysun and his wife Tillie, to Mike E. Boysun. In May 1958, Mike Boysun brought an action to quiet title to the land purchased from John and Tillie Boysun. The Boysuns answered alleging that the quitclaim deed was in reality a mortgage, and requested an accounting. The court, after hearing evidence, found for the plaintiff...

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