SCOTT v. KYHL

No. 10487.

379 P.2d 803 (1963)

141 Mont. 523

S.W. SCOTT and Elizabeth Scott, Husband and Wife, Plaintiffs and Respondents, v. H. J. KYHL and Dorothy A. Kyhl, Husband and Wife, Defendants and Appellants.

Supreme Court of Montana.

Decided March 18, 1963.


Attorney(s) appearing for the Case

Wiggenhorn, Hutton, Schiltz & Sheehy, Billings, John C. Sheehy, Billings, (argued orally) for appellants.

Sandall, Moses, Cavan & Battin, Billings, John Cavan, Jr., Billings, (argued orally), for respondent.


DOYLE Justice.

This is an appeal from a judgment quieting title to certain property and denying an alleged lien of a mortgage against that property.

The pertinent facts are these. This cause was tried in the Thirteenth Judicial District, County of Yellowstone, by the Honorable E.E. Fenton as District Judge. It was heard under the rules which existed prior to January 1, 1962. The trial was had on February 20, 1962, and resulted in a judgment for the plaintiffs...

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