Carnahan v. Gupton

On October 29, 1935, George S. Gupton died intestate at Miles City, Custer County, Montana. He sometimes signed his name G. S. Gupton, and was also known as Steve Gupton. James Clayton Gupton was a brother of George S. Gupton and resided at Gillette, Wyoming. E. S. Gupton is the son of James Clayton Gupton. Involved in this controversy are five sections of land situated within Fallon County, Montana. These lands were acquired by the two Gupton brothers about 1916, and thereafter each owned an undivided one-half interest therein.

On July 5, 1930, James Clayton Gupton and his wife conveyed to G.…