Schillinger v. Huber

THE HON. ROBERT J. NELSON, District Judge,

sitting in place of MR. JUSTICE BOTTOMLY.

Appeal from a judgment of the district court of McCone County reforming a deed in which the defendants, Albert Huber and Katie Huber, were the grantors and the plaintiff, Edward J. Schillinger, was the grantee.

The facts in the case are as follows: Defendants are husband and wife. On or about August 14, 1944, the plaintiff went to the farm home of the defendants for the purpose of purchasing a half section of land from the defendants. At that time the defendant, Katie Huber, was not home. Plaintiff, Edward J.…