WATER: Location of disputed point of diversion properly resolved in favor of claimants… Russ McElyea affirmed. [Read more…]
Marital, business distributions as maintenance
MARITAL: Agreement for monthly distributions from husband’s business constituted maintenance which could not be modified absent agreement, enforcement not unconscionable… not necessary to address non-modification clause… Deschamps affirmed (other grounds). [Read more…]
Quiet title, mootness following sale to 3rd party
QUIET TITLE: Challenge to default judgment following sale improperly dismissed as moot before considering equitable remedies… Townsend reversed (IOR I-3(c)). [Read more…]
Water, diversion dispute, preliminary injunction
WATER: Preliminary injunction properly granted in diversion dispute… Haynes affirmed. [Read more…]
Order of protection, res judicata, 2 courts
ORDER OF PROTECTION issued in Missoula not precluded by res judicata of dismissed Ravalli order… McLean affirmed (IOR I-3(d)). [Read more…]
Trust, distributions from house sale
TRUST: Distributions from house sale properly made first to brothers who had pitched in to save house, then to sister for whom trust was created… McLean affirmed. [Read more…]
Marital, house quitclaim, time of valuation
MARITAL: House properly included in estate despite wife’s quitclaim, properly valued at time of sale by husband 2 years [Read more…]
Property partition, cohabitants
PROPERTY PARTITION: Equitable doctrines properly applied to divide residential property of cohabitants… parties correctly found to have equitable rights and ½ interest, not constructive trust to entirety by man or gift to entirety by woman… Haynes affirmed. [Read more…]