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AETNA LIFE INS. CO. v. McELVAIN

No. 85-08.

717 P.2d 1081 (1986)

AETNA LIFE INSURANCE COMPANY, a corporation, Plaintiff and Appellant, v. R.J. McELVAIN, Jr., et al., Defendant and Respondent.

Supreme Court of Montana.

Decided April 22, 1986.

Attorney(s) appearing for the Case

Dorsey & Whitney, James Dorsey (argued), Minneapolis, Minn., for plaintiff and appellant.

Huntley & Eakin, Gene Huntley (argued), Baker, for defendant and respondent.

GULBRANDSON, Justice.

Aetna Life Insurance Company (Aetna) appeals the lower court's order in this case originally brought by Aetna to foreclose on its first mortgage on certain Montana farmland. The Fallon County District Court ruled that Aetna could foreclose but held that Aetna had defrauded respondents Shepherds, the second mortgagees. The court awarded Shepherds the first $149,821.19 (plus $40,000 for attorney's fees) from the foreclosure sale of the ranch. This...

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