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NESET v. FIFER

No. 97-051.

942 P.2d 712 (1997)

Leanne M. NESET, Plaintiff and Appellant, Michael FIFER, Defendant, Third Party Plaintiff and Respondent, v. Leanne M. NESET, and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in a lien or encumbrance upon the real property described in the complaint adverse to Third-Party Plaintiff's ownership, or any cloud upon Third-Party Plaintiff's title thereto, whether such claim or possible claim be present or contingent, Third Party Defendants.

Supreme Court of Montana.

Decided July 23, 1997.

Attorney(s) appearing for the Case

Phillip N. Carter, Sidney, for Plaintiff and Appellant.

Donald L. Netzer, Netzer Law Office, Sidney, for Defendant, Third Party Plaintiff and Respondent.

TURNAGE, Chief Justice.

In this action, the Seventh Judicial District Court, Richland County, entered summary judgment that Michael Fifer is the owner of certain real property under a theory of resulting trust. Leanne M. Neset appeals. We vacate the summary judgment and remand for further proceedings consistent with this Opinion.

We restate the issue as whether the District Court erred when it entered summary judgment that a purchase money resulting trust...

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