Bodine v. Bodine

MR. JUSTICE CASTLES,

specially concurring:

I concur in the majority opinion with respect to the Potter Basin real estate. It is well established that in an equity case this court can review all questions of law and fact. Hart v. Barron, 122 Mont. 350, 204 P.2d 797; Barrett v. Zenisek, 132 Mont. 229, 315 P.2d 1001. We are therefore not absolutely bound to accept the findings of fact of the district court. This is particularly true when the type of evidence in question can be as readily evaluated by this court as it can by the court be*42low. I feel that the deposition of Anne Bodine is of little or…