Denke v. Wylie

HONORABLE LESTER H. LOBLE, District Judge,

sitting in place of MR. JUSTICE BOTTOMLY:

On August 19, 1916, J. A. McAllister and Annie McAllister, as parties of the first part, made, executed and delivered to Thomas H. Vincent and Lora M. Vincent, his wife, as parties of the second part, a certain warranty deed in usual printed form covering certain real property in Madison County, Montana. Incorporated in typewriting therein were these words:

“The parties of the second part ag'ree not to sell the above-mentioned land or dispose of it except to the parties of the first part or their heirs.”

Lora M.…