Ettien v. Drum

This cause has been four times tried and twice heretofore appealed. (See Ettien v. Drum, 32 Mont. 311, 80 Pac. 369; also, 35 Mont. 81, 88 Pac. 659.) The result of the last trial was that defendant had a verdict and judgment, and plaintiff appeals from the judgment and from an order denying a new trial. For a statement of the facts reference is made to the opinion rendered upon the last appeal. Three contentions are now advanced: (1) That the court erred in not striking out certain testimony of the witness Warr; (2) that the court erred in defining an innocent purchaser; (3) that the verdict…