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Abagail Ranch a mortgage securing a note * * * held by
Georgia Hohensee. * * *
* * * * * * *
At no time during the trial of the consolidated Montana
cases did I ever believe that I was litigating title to
the Abagail Ranch in any manner which was intended to
put at issue as against the whole world that I was the
owner of the ranch based upon my 1981 agreement with my
father to purchase the ranch and my subsequent payments
therefor. * * *
Petitioner claims: “The worst possible outcome of the 1996
Action for Gail Williams was that: (a) seven acres of an almost
400 acre ranch would go to Georgia’s estate; (b) the Jakubeks
would indeed have a valid lease (that would soon expire); and
(c) her quiet title action would be denied because of this. None
of these possible outcomes are particularly onerous.”
Petitioner ignores that, in Cause No. 96-109, the caption to
the complaint (the caption) includes, as defendants:
all persons known or unknown claiming or who might
claim any right, title, estate, or interest, or lien or
encumbrance upon the real property described in the
Complaint [Abagail Ranch] or any portion thereof,
adverse to Plaintiff’s ownership or any cloud on
Plaintiff’s title thereto whether such claim or
possible claim be present or contingent, including any
of dower, inchoate or accrued * * *.
Petitioner’s claim that Cause No. 96-109 was limited to
determining Ms. Williams’ rights as against only the estate of
Georgia Hohensee is belied by the caption and averments of the
complaint. Moreover, Mont. Code Ann. sec. 70-28-104(2) (1999)
provides:
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