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TURNER v. MOUNTAIN ENGINEERING AND CONST., INC.

No. 95-329.

915 P.2d 799 (1996)

John P. TURNER, Plaintiff, Respondent and Cross-Appellant, v. MOUNTAIN ENGINEERING AND CONSTRUCTION, INC., et al., Defendants, Appellants and Cross-Respondents. KERIN AND ASSOCIATES, Plaintiff, v. AMERITRUST FINANCIAL CORP., et al., Defendants.

Supreme Court of Montana.

Decided January 11, 1996.

As Amended on Denial of Rehearing February 8, 1996.

Attorney(s) appearing for the Case

Gregory O. Morgan, Bozeman, for Appellant Johnston Excavating.

James A. McLean; Drysdale, McLean & Nellen, Bozeman, George A. Guynes, Santa Fe, New Mexico, for Respondent and Cross-Appellant John P. Turner.

Jon M. Hesse, Livingston, for Plaintiff Kerin & Associates.

Richard A. Ramler, Belgrade, for Defendant Figgins Sand & Gravel, Inc.

LEAPHART, Justice.

This case arises out of a protracted dispute between the mortgagee (Turner) and construction lien creditors who performed work on the subject property. Turner executed on a foreign judgment, foreclosed on mortgages owned by the judgment debtor, and purchased the property at a sheriff's sale. The subject property is located in Gallatin County, Montana, and is commonly known as the "Royal Village" subdivision.

On March 14, 1995, the Eighteenth...

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