Heller v. Osburnsen

This is a motion to dismiss appellants’ appeal from the denial of a motion to quash a writ of execution, issued by the district court. Fergus County.

This case has been before this Court on two previous occasions: Heller v. Osburnsen, 162 Mont. 182, 510 P.2d 13 (Heller I); and Heller v. Osburnsen, 168 Mont. 232, 541 P.2d 1032 (Heller II). Because the facts of the case were set out in the previous Heller decisions, it is not necessary to again set out in detail the fact situation. Since the last appeal Mrs. Heller has died, thus Mr. Heller remains the sole plaintiff.

This involved action arises…