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FILLER v. McDANIEL

No. 87-221.

747 P.2d 1365 (1987)

Ernest FILLER and Irene Filler, husband and wife, Plaintiffs and Appellants, v. Jerry McDaniel and Marjorie A. McDaniel, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided December 31, 1987.

Attorney(s) appearing for the Case

Christine Cooke-Dosen (argued), Hardin, for plaintiffs and appellants.

Ryan Willett (argued), Billings, for defendants and respondents.

HARRISON, Justice.

The plaintiff-appellants, Ernest and Irene Filler, appeal a District Court judgment from the Sixteenth Judicial District, County of Rosebud. The judgment determined that defendant-respondents, Jerry and Marjorie McDaniel are the proper owners of a parcel of real property located in Rosebud County, Montana. We reverse and remand.

On December 16, 1983 Ernest and Irene Filler purchased 140 acres of real property from defendant-appellants William...

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