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COWLES v. SHEELINE

No. 92-171.

855 P.2d 93 (1993)

Donald C. COWLES, Plaintiff and Respondent, v. Jean SHEELINE, Paul C. Sheeline, Francis Eldredge and the heirs and devisees of Nelle B. Cox, Paul D. Sheeline, Samuel D. Stevens, George H. Poore, John F. Tyler, Wendell L. Jacquith, Alton W. Eldredge, Cyrus B. Mendenhall a/k/a C.B. Mendenhall, Susan A. Mendenhall, Nathaniel Stevens, Elizabeth P. Stevens, Ethan H. Cowles, Bessie Cowles, all Stockholders and Successors in Right, Titles and Interest to the Cowles Mining Co. Inc., a Montana Corporation, and All Persons Known or Unknown, Claiming or Who Might Claim Right, Title, Estate or Interest or Lien or Encumbrance Upon the Real Property Described in the Complaint or any thereof Adverse to Plaintiff's Title thereto, Whether Such Claim or Possible Claim be Present or Contingent, Including any of Dower, Inchoate, or Accrued, Defendants and Appellants.

Supreme Court of Montana.

Decided June 10, 1993.

Rehearing Denied July 15, 1993.

Attorney(s) appearing for the Case

Richard W. Josephson, R. Mark Josephson, Josephson & Fredricks, Big Timber, for defendants and appellants.

J. David Penwell, Bozeman, for plaintiff and respondent.

WEBER Justice.

Defendant, Jean Sheeline, herein called defendant, appeals the order of the District Court of the Sixth Judicial District, Sweet Grass County, in an action to quiet title to mining claims near Cooke City, Montana. The District Court awarded Donald C. Cowles, herein called plaintiff, a 50% ownership, and defendant the remaining 50% ownership in the assets of Cowles Mining Company. In a separate appeal, defendant also appeals the District Court's order...

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