Mitchell v. Hannah

MR. JUSTICE BOTTOMLY:

Action by A. B. Mitchell and Anne Mitchell, husband and wife, plaintiffs against Joseph Pestal, Stuart W. Hannah, Gustave E. Lindholm and Mary C. Lindholm, defendants, to adjudicate the title and interests of the parties to the same forty-acre tract of land involved in Mitchell v. Pestal et al., Cause No. 8876, 123 Mont. 142, 208 Pac. (2d) 807, 2 St. Rep. 91. The cases were tried together in the district court. An appeal was taken by defendants in this case and by the plaintiff in Cause No. 8876, supra. The evidence was practically identical in each case and the two…