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TESTER v. TESTER

No. 99-279.

3 P.3d 109 (2000)

2000 MT 130

William D. TESTER, Stephen F. Tester, and Patricia A. Walch, Plaintiffs and Respondents, v. John J. TESTER; Edith Nora Tester, and E.T. Rich; 360 Ranch, Inc., Delaney and Company, Inc.; Donald and Sarah Hammersmark; Erik and Anna Hammersmark; Virgil and Ann Mae Terry; Carl L. Stucky; John Clark Adams; Siffert; J.J. and Edna Tracy White; Erma A. and H.R. Reid; Nellie W. Rich; James O. and Gladys Funk; Floyd D. Butler; George R. McCarty; Anne M. Holmes unknown heirs or unknown devisees of any deceased person; and all other persons unknown, claiming or who claim any right, title, or interest in, or lien or encumbrance upon, the real property described in the Complaint, adverse to the Plaintiffs' title thereto, whether such claim be present or contingent, Defendants and Appellants.

Supreme Court of Montana.

Decided May 18, 2000.

Rehearing Denied June 15, 2000.

Attorney(s) appearing for the Case

Michael E. Wheat, Julieann McGarry, Cok, Wheat, Brown & McGarry, Bozeman, Montana, For Appelant.

Charles F. Angel, Angel Law Firm, Bozeman, Montana, For Respondent.

Justice WILLIAM E. HUNT, Sr. delivered the Opinion of the Court.

¶ 1 Appellant 360 Ranch, Inc. (360) appeals from the March 18, 1999 Findings of Fact, Conclusions of Law, and Order of the Eighteenth Judicial District Court, Gallatin County, quieting title to certain property in favor of Respondents William Tester, Stephen Tester, and Patricia Walch (the Testers), and against 360. We reverse.

¶ 2 360 raises the following issues on appeal:

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