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ROCK v. BIRDWELL

No. 11105.

429 P.2d 634 (1967)

Oliver F. ROCK, sometimes known as Oliver Rock, Plaintiff and Respondent, v. Weldon J. BIRDWELL and Patricia Birdwell, husband and wife, Defendants, Third-Party Plaintiffs and Appellants.

Supreme Court of Montana.

Decided June 2, 1967.

Rehearing denied July 7, 1967.

Attorney(s) appearing for the Case

Sandall, Moses & Cavan, Billings, for appellants.

Denzil R. Young, Baker, for respondent.

CASTLES, Justioce.

This is an appeal from a judgment entered upon findings of fact and conclusions of law by the district court, sitting in Prairie County after trial without a jury.

The decretal portion of the judgment reads in part:

"* * * that Oliver F. Rock is the owner of Section 22 * * * subject to the declaration of trust described in Finding of Fact No. XXII, and is the owner of the Federal Grazing Leases covering lands described in Plaintiffs...

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