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Sparks v. Emmert

Sparks v. Emmert, 2016 MT 43 (Feb. 23, 2016) (McKinnon, J.; McGrath, C.J., concurring) (5-0, rev’d)

Issue: Whether the district court erred in granting summary judgment to Emmert.

Short Answer: Yes.


Facts: Kurt Heigis executed a quitclaim deed conveying his home to Frances Emmert in 2001. According to Emmert, on the day the deed was executed, June 17, 2001, Heigis personally delivered it to Emmert at her home in Reed Point, Montana. He told Emmert to keep it and not record it until something happened to him. Emmert contends that she and Heigis agreed Heigis would continue to live on his property, maintain it and pay all expenses. Emmert stored the deed in her safe.…