Baird v. Baird , 125 Mont. 122 ( 1951 )

MR. JUSTICE METCALF:

dissenting.

There is evidence that Mrs. Baird never intended the money advanced to her husband to be a gift. This evidence convinced the trial judge, who was the trier of the facts. The presumption of a gift from one spouse to the other was rebutted. The judgment should be affirmed.

Rehearing denied June 21, 1951.