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WHITE v. NOLLMEYER

No. 11346.

443 P.2d 873 (1968)

Walter WHITE and Lorraine H. White, Plaintiffs and Respondents, v. Floyd G. NOLLMEYER, Defendant and Respondent. John Porter NELSON, II, Defendant, Cross Claimant and Third-Party Plaintiff and Appellant, v. Floyd G. NOLLMEYER et al., Defendant on Cross Claim, and Henry Nollmeyer, and Marilyn Ruth Nollmeyer, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided July 16, 1968.

Rehearing Denied August 19, 1968.

Attorney(s) appearing for the Case

Corette, Smith, Dean & Wellcome, Page Wellcome, argued, Butte, for appellant.

Habedank, Cumming & Best, Wayne K. Cumming, argued, Sidney; Landoe & Gary, Hjalmar B. Landoe, appeared, Gene I. Brown, argued, Morrow & Nash, James H. Morrow, Jr., argued, Bozeman, for respondents.

HASWELL, Justice.

This is an appeal by one of two defaulting purchasers under a conditional sales contract from two judgments entered against him: (1) a judgment in favor of the sellers for the unpaid balance of the purchase price, interest and attorney's fees, and (2) a judgment refusing to set aside two property transfers by the other defaulting purchaser claimed to have been made in fraud of creditors. All claims and defenses involved in the two judgments were...

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