Barrett v. ZENISEK

MR. CHIEF JUSTICE HARRISON:

This action was initiated by Emma Rosypal Barrett to have defendants, Frank Zenisek, Carrie A. Petersen, and Barbie Zenisek, declared constructive trustees of certain land situated in Fergus County, and that the defendants be required to account to plaintiff for the income from said lands, less any amounts paid for taxes thereon.

More than forty-five years ago, in the homestead days of Fergus County, Montana, Vencel Zenisek with his wife, Barbara, resided on a farm near the town of Coffee Creek. Their *231children resided with them, with the exception of their married…