Ciotti v. Hoover

The appeal of the defendant John Gerletti from a judgment entered in the District Court of the Twentieth Judicial District, Sanders County, concerns the necessity of appointing three referees in a partition action as required by statute. Because we find the statute was not followed in the District Court, we reverse the judgment and remand for further proceedings.

There are four issues for review by this Court as follows:

1) Did the District Court err by not appointing three (3) referees as mandated by §§ 70-29-202(1) and (2), MCA, before partitioning the land into three parcels?

2) Did the…