EDWARD v. PRINCE

No. 85-629.

719 P.2d 422 (1986)

John B. EDWARD; Barry M. Edward; Ross B. Edward; J. Brent Edward; Annette E. Stephenson; Schneiter Enterprises, Ltd., a limited partnership; Thair Q. Schneiter; Cheryl Ann Schneiter; C.M. Coffee: and Virginia N. Coffee, Plaintiffs and Respondents, v. F.S. PRINCE, Defendant and Appellant.

Supreme Court of Montana.

Decided May 9, 1986.

Rehearing Denied June 19, 1986.


Attorney(s) appearing for the Case

Poore, Roth, & Robinson, James A. Poore, Jr., Butte, for defendant and appellant.

Sandall, Cavan, Smith, Howard & Grubbs, James L. Sandall, Billings, for plaintiffs and respondents.


MORRISON, Justice, delivered the Opinion of the Court.

Defendant appeals the October 8, 1985, order of the Sixteenth Judicial District Court, County of Rosebud, granting summary judgment in favor of plaintiffs. We affirm.

Plaintiffs brought this action to cancel overriding royalties assigned to F.S. Prince and J.R. Mulliner in 1952 alleging a cloud on plaintiff's royalty title. At the time of trial only Prince remained as a defendant.

In 1952, plaintiffs...

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