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In re Marriage of Pospisil5/23/2000
nt can be taken and that the judgment is not binding against a stranger to the action." Warnack, 266 Mont. at 207, 879 P.2d at 718 (quoting Moore v. Capitol Gas Corp. (1945), 117 Mont. 148, 156, 158 P.2d 302, 306). We further stated that this same rule applies where a judgment is awarded in favor of a nonparty. Warnack, 266 Mont. at 207, 879 P.2d at 718.
Obviously, the court was concerned about the interests of a party, namely George, whose property may be encumbered by a lien to which he was never a party. Naturally, George would desire that the court "reform" any security agreement in his favor. Accordingly, Joyce may have violated the 1996 decree by first, not transferring title to the property interests as ordered, and second, by using her share of the "marital estate" as security on a loan. At this juncture, however, we will not speculate as to the validity of any security interest that may or may not exist between Joyce and a nonparty. We must therefore reverse and vacate all references made by the court with respect to the rights of First National Bank of Lewistown.
F. Summary
We conclude that the District Court incorrectly offset the amount due Joyce under the 1996 decree by attributing to her the receipt of livestock and sales of $23,721, and an interest debt due Ruby Pospisil for $44,281. We conclude that with these sums added to the $141,660 net due Joyce as determined by the District Court in its 1999 order, the correct judgment is now $209,662. Furthermore, added to this sum is ten-percent judgment interest accrued between June 20, 1996, and March 10, 1999.
We also conclude that the interest due on the $19,500 of owed maintenance must be recalculated consistent with this opinion. And, finally, all references to any rights of First National Bank of Lewistown found in the 1999 order should be stricken.
This matter is affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.
JAMES C. NELSON
We Concur:
J. A. TURNAGE
W. WILLIAM LEAPHART
WILLIAM E. HUNT, SR.
JIM REGNIER
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