Welch v. All Persons

This is the second appeal in this case. The facts set forth in the opinion on the first appeal (78 Mont. 370, 254 Pac. 179) will not be restated, but will be added to, in this. The controversy, it will be remembered, is over the succession to a tract of land in Toole county which Hiram J. Rhodes at the time of his death occupied as a homestead and to which he was not yet entitled to patent. His daughter Agnes Welch and her husband Art Welch completed the steps necessary to patent and it was issued by the United States to the heirs of Hiram J. Rhodes, deceased.

Agnes Welch brought this action,…