Wellman v. Wellman

Plaintiffs appeal from an order of the District Court of the Eleventh Judicial District, Flathead County, granting defendants’ motion to dismiss in this dispute over real property. Plaintiffs had attempted to attack a 1971 judgment, claiming that the District Court exceeded its jurisdiction by granting more relief than was sought in the pleadings.

In 1962, defendant E. G. Wellman and his late wife Jean, and plaintiffs Dalton and Anna Wellman received certain real property from Wellman Enterprises, a Montana corporation. These parties transferred the property to Shamrock, a Montana corporation,…