WASHINGTON v. SLACK

No. 91-044.

813 P.2d 447 (1991)

Dennis R. WASHINGTON, Plaintiff and Respondent, v. James D. SLACK, Jr.; Les Hardy, Jr., d/b/a Hardy Leasing and Bert E. Arnlund; Aetna Life Insurance Company, a corp.; Norwest Bank of Billings, N.A. f/k/a the first Northwestern Bank of Billings, a National Banking Assoc.; Carbon County Oil Company d/b/a Vondra's Exxon; Dill, Dill & McAllister, a partnership of attorneys; Standard of Montana Resource Corp., a Montana corp., Defendants and Appellants.

Supreme Court of Montana.

Decided June 13, 1991.


Attorney(s) appearing for the Case

Carol Hardy Conrad, Pedersen & Conrad, Billings, for defendants and appellants.

Evonne Smith Wells, Missoula, for plaintiff and respondent.


GRAY, Justice.

The appellants, Les Hardy, Jr. and Bert E. Arnlund, appeal from the Judgment and Decree of Foreclosure of the District Court of the Thirteenth Judicial District, Carbon County, granting summary judgment to the respondent, Dennis R. Washington, as to lien priority. We affirm.

The dispositive issue on appeal is whether the District Court erred in concluding that the error contained in the respondent's mortgage was not material and therefore, as...

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