GREAT FALLS NATIONAL BANK v. McCORMICK

No. 11503.

448 P.2d 991 (1968)

The GREAT FALLS NATIONAL BANK, a national banking corporation, Plaintiff and Respondent, v. James R. McCORMICK and Velma W. McCormick, husband and wife; Richard O. Nickerson and Carol J. Nickerson, husband and wife, et al., Defendants and Appellants.

Supreme Court of Montana.

Submitted November 21, 1968.


Attorney(s) appearing for the Case

Dzivi & Conklin, William Conklin (argued), Louis D. Nybo (appeared), Great Falls, for defendant-appellants.

Luxan & Murfitt, Howard J. Luxan, Jr. (argued), Helena, Church, Harris, Johnson & Williams, William A. Reid (appeared), Great Falls, for plaintiff-respondent.


JOHN C. HARRISON, Justice.

This is an appeal from a judgment on the pleadings entered in favor of the plaintiff, the Great Falls National Bank, in accordance with Rule 12(c), Montana Rules of Civil Procedure. The issue was the alleged unconstitutionality of the Small Tract Financing Act of Montana, Chap. 177, Laws of 1963, codified as sections 52-401 through 52-417, R.C.M. 1947.

This was an action to quiet title to certain real property, comprising less than...

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