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WALTERS v. KRUSE

No. 84-511.

712 P.2d 780 (1986)

James B. WALTERS, Plaintiff and Appellant, v. Harold V. KRUSE and Naomi J. Kruse, Husband and Wife, and Robert M. Willett, Bruce Michel Roberts, and All other Persons claiming interest in described real property, Defendants and Respondents. Kris Robert HIRT, Intervenor and Respondent, v. James B. WALTERS, Lee McDonald and Rick Hildebrand and Sandy Hildebrand, Husband and Wife, Defendants and Appellants.

Supreme Court of Montana.

Decided January 8, 1986.

Attorney(s) appearing for the Case

Sverdrup & Spencer and Fennessy, Crocker & Allen, Libby, for plaintiff and appellant/defendants and appellants.

Allen L. McAlear, Bozeman, for defendants and respondents/intervenor and respondent.

HUNT, Justice.

The appellant, James Walters, brought a quiet title action in April 1981 in Lincoln County District Court. The named defendants made no appearance and the District Court ordered title quieted in appellant Walters on June 8, 1981. In February 1983, the respondent, Kris Hirt, filed a motion and action to set aside that decree. The District Court ordered the decree set aside and the parties then proceeded on the original quiet title action as if an appearance...

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