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SWENSON v. RAMAGE

No. 88-238.

762 P.2d 851 (1988)

Stuart W. SWENSON, Jacqueline J. Swenson, Jack Cox, Joyce Cox, John Reely, William E.S. Reely, and Delbert Ashmore, Plaintiffs and Appellants, v. John RAMAGE, Robert J. Polish, and Libby Development, Inc., Defendants and Respondents.

Supreme Court of Montana.

Decided September 27, 1988.

Rehearing Denied October 31, 1988.

Attorney(s) appearing for the Case

Lawrence Sverdrup, Libby, for plaintiffs and appellants.

Kenneth E. O'Brien, Kalispell, for defendants and respondents.

HUNT, Justice, delivered the opinion of the Court.

Plaintiffs, Stuart W. Swenson, Jacqueline J. Swenson, Jack Cox, Joyce Cox, John Reely, William E.S. Reely, and Delbert Ashmore, appeal the decision of the District Court of the Nineteenth Judicial District, Lincoln County, finding that the mortgage executed in favor of plaintiffs was a purchase money mortgage and therefore, by reasons of § 71-1-232, MCA, denied plaintiffs the right to a deficiency judgment. We...

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