WITBART v. WITBART

No. 84-505.

701 P.2d 339 (1985)

In re Marriage of Delbert Henry WITBART, Petitioner, v. LaVerna Mae WITBART, Respondent/Appellant. Allen B. HOUSTON, Plaintiff and Respondent, v. Delbert Henry WITBART, aka Delbert (Del) H. Witbart & LaVerna Mae Witbart, defendants and appellants. Del H. WITBART, dba Academy Engineering Construction, Plaintiff, v. Harland E. BAUER and Margaret E. Bauer, Defendants and Respondents. CLARK BROTHERS CONTRACTORS, a Mont. Corp., Plaintiff and Respondent, v. Harland E. Bauer, Margaret E. Bauer and Del E. Witbart dba Academy Engineering Construction, Defendants. WESTERN EQUIPMENT COMPANY, Plaintiff and Respondent, v. Delbert Henry Witbart and LaVerna Mae Witbart, Defendants and Appellants.

Supreme Court of Montana.

Decided May 22, 1985.

Rehearing Denied July 1, 1985.


Attorney(s) appearing for the Case

Cannon & Sheehy, Helena, for appellants.

Gail Goheen, John Greef, Richard Weber, Hamilton, Larry R. Meyer, Stevensville, Robert B. Brown, Hamilton, for respondents.


HUNT, Justice.

This case is before this Court a second time. In the first case, Witbart v. Witbart (Mont. 1983), 666 P.2d 1217, 40 St.Rep. 994, this Court remanded because of an erroneous determination by the District Court that the Witbarts, in settling property matters during dissolution of marriage, had made a fraudulent conveyance. This Court determined that no fraudulent conveyance could have been made under the circumstances...

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