MORAN v. ROBBIN

No. 93-330.

863 P.2d 395 (1993)

John T. MORAN, Plaintiff and Respondent, v. R. Charles ROBBIN and Charlotte Robbin, and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to plaintiff's ownership or any cloud upon plaintiff's title thereto whether such claim or possible claim be present or contingent, Defendants and Appellants.

Supreme Court of Montana.

Decided November 10, 1993.


Attorney(s) appearing for the Case

Dirk Larsen, Larsen & Neill, Great Falls, for defendants and appellants.

Keith W. McCurdy, McCurdy Law Firm, Polson, for plaintiff and respondent.


NELSON, Justice.

Defendants appeal an order of the Twentieth Judicial District Court, Lake County, granting plaintiff's motion for summary judgment and upholding the validity of a tax deed issued to plaintiff. We reverse.

Although numerous issues were raised by the parties, we find two issues dispositive in this case:

1. Did the plaintiff "abandon" his mailed notice of pending tax deed issuance when he subsequently published notice of such pending...

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