Hjermstad v. Barkuloo

MR. JUSTICE FREEBOURN:

This is an action to have a warranty deed, wherein plaintiff and appellant, S. L. Hjermstad, and his wife, as parties of the first part, conveyed certain real property in Great Falls, Montana, to defendant and respondent, Laura Lee Barkuloo, as party of the second part, declared a mortgage.

The trial court in its judgment found that plaintiff had failed to prove the allegations of his complaint, and ordered the “case be dismissed and that defendant have judgment against the plaintiff for her costs * *

From such judgment Hjermstad appealed.

The pleadings and undisputed…