STEVENSON v. ECKLUND

No. 93-326.

865 P.2d 296 (1993)

Ronald J. STEVENSON and Vicki R. Stevenson, husband and wife, Plaintiffs and Respondents, v. Edward ECKLUND and Mary Ecklund, husband and wife; John C. Wood and Carol A. Wood, husband and wife; and the State of Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided December 22, 1993.


Attorney(s) appearing for the Case

Donald L. Ostrem, Graybill, Ostrem & Crotty, Great Falls, for defendants and appellants Woods.

Patrick F. Flaherty, Great Falls, for plaintiffs and respondents Stevensons.


GRAY, Justice.

The sole issue before this Court is whether the Eighth Judicial District Court, Cascade County, erred in concluding that a breach of the covenant of warranty contained in a warranty deed occurred. Because no party other than the covenantee lawfully asserted ownership over the property conveyed by the deed, we conclude that the covenant of warranty was not breached. We therefore reverse the court's denial of the Woods' motion for summary judgment and...

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