SPENCER v. ROBERTSON

No. 11382.

445 P.2d 48 (1968)

Edith SPENCER, Plaintiff and appellant, v. George W. ROBERTSON, Executor of The Estate of Lela Gore, Deceased, Defendant and Respondent.

Supreme Court of Montana.

September 19, 1968.


Attorney(s) appearing for the Case

Leo J. Kottas, Sr. (argued), Helena, for appellant.

Angland & Marra, Great Falls, Joseph R. Marra (argued), Great Falls, for respondent.


HASWELL, Justice.

This is an appeal by plaintiff from an adverse judgment in a claim and delivery action. The case was tried in the district court of Cascade County before the Honorable R.J. Nelson without a jury.

The trial court held that plaintiff's claim failed for insufficiency of evidence and was barred by laches. We agree.

Plaintiff secured money from defendant's decedent, Lela Gore, to refinance a Lincoln...

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