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RAUSCH v. HOGAN

No. 00-501.

28 P.3d 460 (2001)

2001 MT 123

Tracy RAUSCH, Plaintiff and Appellant, v. Alan HOGAN, Defendant and Respondent.

Supreme Court of Montana.

Decided July 23, 2001.

Attorney(s) appearing for the Case

For Appellant: Kenneth D. Tolliver, David P. Wilkins, Wright Tolliver Guthals, Billings, MT.

For Respondent: Damon L. Gannett, Gannett Law Firm, Billings, MT.

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 This appeal arises from an action to partition property owned jointly by respondent Alan Hogan (Hogan) and appellant Tracy Rausch (Rausch), who were formerly married. Rausch sought partition of the property on an equal basis, and Hogan objected. Following a hearing, the District Court found that Hogan had rebutted the presumption of equal shares in land held...

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