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McGREGOR v. MADSEN

No. 92-017.

832 P.2d 779 (1992)

Borden McGREGOR and Mickey M. McGregor, husband and wife, Plaintiffs and Respondents, v. Rodney A. MADSEN and Elizabeth Ann Madsen, a/k/a Elizabeth A. Madsen, formerly husband and wife; Reas T. Madsen and Billie L. Madsen, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided June 2, 1992.

Rehearing Denied June 25, 1992.

Attorney(s) appearing for the Case

Joseph W. Sabol, II, Bozeman, for defendants and appellants.

Gary R. Thomas, Thomas Law Office, Red Lodge, for plaintiffs and respondents.

McDONOUGH, Justice.

Rodney A. Madsen and Elizabeth A. Madsen, and Reas T. Madsen and Billie L. Madsen, appeal from a judgment of the Thirteenth Judicial District Court, Carbon County, in favor of Borden and Mickey M. McGregor. We affirm.

There is only one issue on appeal:

Whether the District Court erred in holding McGregors could sue Madsens on a promissory note initially secured by a junior mortgage after the holder of the senior mortgage foreclosed...

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