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BRITTON v. BROWN

No. DA 12-0192.

300 P.3d 667 (2013)

2013 MT 30

368 Mont. 379

Helen L. BRITTON and John R. Britton, or their successors, as Trustees of the Britton Joint Trust, Plaintiffs, Counter-Claim Defendants and Appellees, v. Elise C. BROWN, Defendant, Counter-Claimant and Appellant.

Supreme Court of Montana.

Decided February 12, 2013.

Attorney(s) appearing for the Case

For Appellant: Maxon R. Davis ; Davis, Hatley, Haffeman & Tighe, P.C.; Great Falls, Montana, Jack R. Tuholske ; Attorney at Law; Missoula, Montana. Gregory J. Miner ; Batemen Seidel, P.C.; Portland, Oregon.

For Appellees: William T. Wagner ; Garlington, Lohn & Robinson, PLLP; Missoula, Montana, Kathleen Unrein ; Attorney at Law; San Anselmo, California.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Elise C. Brown (Brown) appeals the Final Partition Judgment of the Twentieth Judicial District Court, Lake County, which confirmed almost all of a report that partitioned 10.88 acres of property on and around Flathead Lake that Brown jointly owned with her sister, Helen L. Britton (Britton), as tenants in common. We reverse and remand for further proceedings.

¶ 2 The dispositive issue on...

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