State Ex Rel. Department of Highways v. Midland Materials Co.

This case stems from an interpleader action brought by the Montana Highway Department to determine whether respondent, Midland Materials Co., or appellant, Tim Wood, was the “successor-in-interest” to Edith I. Walters, the former owner of property known as the “State Pit,” under section 60-4-204, MCA. The District Court of the Thirteenth Judicial District, Yellowstone County, denied defendant Wood’s motion for summary judgment and granted the summary judgment motion submitted by Midland Materials Co. From that judgment, Tim Wood appeals.

The parties stipulated the facts to be as follows:

“1. On…