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NIKLES v. BARNES

No. 11535.

454 P.2d 608 (1969)

Alfred NIKLES, Plaintiff and Appellant, v. Clifford F. BARNES and Bartha Barnes, husband and Wife et al., Defendants and Respondents, and Frank Barnes and Mett Barnes, husband and wife, Intervenors and Respondents.

Supreme Court of Montana.

Decided May 16, 1969.

Attorney(s) appearing for the Case

H.A. Bolinger, Jr., and Richard Andriolo, Bozeman, H.A. Bolinger, Jr. (argued), Bozeman, for appellant.

Anderson, Brown & Gilbert, Bozeman, Gene I. Brown and William E. Gilbert, (argued), Bozeman, for respondents.

CASTLES, Justice.

This is an appeal from a judgment entered in the district court of Gallatin County against the plaintiff, Alfred Nikles, hereinafter referred to as the appellant, in an action to obtain judgment on a promissory note and to foreclose an alleged second mortgage executed by the defendants.

The respondents, Frank Barnes and Mett Barnes, husband and wife, hereinafter referred to as the intervenors, intervened in the aforesaid action claiming sole...

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