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PURCELL v. GIBBS

No. 9716.

326 P.2d 679 (1958)

Robert E. PURCELL, Plaintiff and Respondent, v. James GIBBS and Harriette Gibbs, husband and wife, Defendant and Appellants, and Clarence Culver and Arthur Culver, co-partners, Defendants.

Supreme Court of Montana.

Decided June 12, 1958.

Attorney(s) appearing for the Case

Paul W. Smith, J. Miller Smith and Chadwick H. Smith, Helena, J. Miller Smith, Helena, argued orally, for appellants.

Colgrove & Brown, Miles City, F.F. Haynes, Forsyth, James P. Lucas, Miles City, Toomey & Hughes, Helena, Franklin A. Lamb, Billings, Michael J. Hughes, Helena, argued orally, for respondent.

JAMES T. SHEA, District Judge, sitting in place of Mr. Justice BOTTOMLY.

This is an appeal from a money judgment awarded plaintiff and respondent, Robert E. Purcell, against James Gibbs and Harriette Gibbs, husband and wife, defendants and appellants herein.

On March 27, 1953, Robert E. Purcell commenced the action at bar to recover from James and Harriette Gibbs the sum of $500 representing fees for a former action to quiet title to lands hereinafter described...

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