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PENSE v. LINDSEY

No. 01-666.

73 P.3d 168 (2003)

2003 MT 182

Rosie PENSE, Plaintiff and Respondent, v. Jack LINDSEY and Lee Lindsey, Defendants and Appellants.

Supreme Court of Montana.

Decided July 10, 2003.

Attorney(s) appearing for the Case

Thomas J. Pardy, Oliver, Pardy & Associates, Billings, Montana; James L. Carbone, Kelly, Harvey & Carbone, Clinton, Washington, for Appellants.

Torger S. Oaas, Lewistown, Montana, for Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Rosie Pense (Pense) conveyed her 258-acre Fergus County homestead property to Jack and Lee Lindsey (Jack, Lee, or the Lindseys) by Warranty Deed. Shortly thereafter she requested that the Lindseys return the property to her. The Lindseys offered to return the land provided their names remained on the deed as joint tenants with rights of survivorship. This offer was rejected and Pense sued the...

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