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KING v. ROSEBUD COUNTY

No. 80-365.

631 P.2d 711 (1981)

Loretta E. KING, personal representative of the Estate of Roy M. King, deceased; and Loretta E. King et al., Plaintiffs and Appellants, v. ROSEBUD COUNTY, a local government unit in the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided July 22, 1981.

Attorney(s) appearing for the Case

Olsen, Christensen & Gannett, Billings, Paul G. Olsen, argued, Billings, for plaintiffs and appellants.

John S. Forsythe, County Atty., Forsyth, Fillner & Pitet, Billings, Russell K. Fillner, argued, Billings, for defendant and respondent.

WEBER, Justice.

Appellants/plaintiffs are the personal representative and widow of Roy M. King, and the ex-wife of Roy M. King. They brought this action in Rosebud County, before the Honorable Alfred B. Coate, seeking to quiet title, in favor of themselves and the estate, to a royalty interest of 6.25 percent in all oil, gas and minerals recoverable from certain tracts of land.

Nonjury trial was held on March 11, 1980. The plaintiffs now appeal from the judgment...

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