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PETERSON v. TAYLOR

No. 86-455.

735 P.2d 1120 (1987)

Esther P. PETERSON, Plaintiff and Appellant, v. George TAYLOR and Gewynn Taylor, his wife, the heirs and devisees of Charles T. Howitt, Deceased, and all other persons unknown, claiming or who might claim any right, title, estate or interest in, or lien or encumbrances upon, the real property described in the complaint or any thereof adverse to Plaintiff's ownership or any cloud upon Plaintiff's title thereto whether such claim or possible claim be present or contingent, Defendants and Respondents.

Supreme Court of Montana.

Decided April 16, 1987.

Rehearing Denied May 7, 1987.

Attorney(s) appearing for the Case

Gregory O. Morgan, Bozeman, for plaintiff and appellant.

Morrow, Sedivy & Bennett; Terry Schaplow, Bozeman, for defendants and respondents.

SHEEHY, Justice.

Plaintiff Esther Peterson appeals the findings of fact, conclusions of law, and order of the District Court, Fifth Judicial District, County of Madison which quieted title to property in Pony, Montana. We affirm the order of the District Court.

The dispute in this case arises over the ownership of a tract of land designated as the "Mill Site" on the 1877 plat map for the townsite of Pony. Plaintiff Mrs. Peterson was born and raised in Pony...

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