Document Type

Article

Publication Date

8-2-1990

Abstract

In the Blackfeet Trial Court, in a land ownership dispute between a mother and son, where the son made loan payments on land prior to his father's death, the court determined that without documentation of an agreement for the loan or gift of money, and without testimony of disinterested witnesses, the law will presume gratuity. Nelson v. Wilson, 81 Mont. 560, 569; 264 P. 679, 682 (1928). The court reasoned that a person cannot become indebted without their knowledge or consent to debt. Plaintiff did not pay the purchase the purchase price for the Real property. They real property will remain the property of the defendant mother.

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