Hannah v. Martinson

Plaintiffs brought an action seeking to quiet title to certain real property located within Gallatin County. Following a hearing on the parties’ motions for summary judgment, the District Court of the Eighteenth Judicial District, Gallatin County, issued a judgment and decree quieting title in plaintiffs. This appeal followed. We affirm.

Although the parties argue extensively as to whether a judgment lien is an “encumbrance” within the meaning of Section 70-21-304, MCA; whether a judgment lienholder is an “encumbrancer”; and whether a judgment lien takes priority over an unrecorded deed, we…