Interstate Prod. Credit Ass'n v. Desaye, 820 P.2d 1285 (Mont. 1991). · Go Syfert
Interstate Prod. Credit Ass'n v. Desaye, 820 P.2d 1285 (Mont. 1991). Cases Citing This Book View Copy Cite
821 citation events (231 in the last 25 years) across 1 distinct court.
Strongest positive: Estate of B. Haler (mont, 2026-05-26)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Estate of B. Haler
Mont. · 2026 · confidence medium
Credit Ass’n v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991). 5 ¶12 Rebecca contends the appeal should be reviewed only as a challenge to the denial of M.
cited Cited as authority (rule) Bye v. Somont Oil
Mont. · 2024 · confidence medium
Credit Ass’n v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
cited Cited as authority (rule) Adoption of R.D.J.
Mont. · 2021 · confidence medium
Credit Ass’n v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991)).
discussed Cited as authority (rule) All Star Painting v. D. Jones
Mont. · 2021 · confidence medium
Credit Ass’n of Great Falls v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991). 6 capricious only if apparently “random, unreasonable[,] or seemingly unmotivated based on the existing record.” Mont.
cited Cited as authority (rule) VanBuskirk v. Gehlen
Mont. · 2021 · confidence medium
Credit Ass’n of Great Falls v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
discussed Cited as authority (rule) Matter of K.N.S., YINC
Mont. · 2021 · confidence medium
Credit Ass’n v. Desaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991), meaning “evidence that a reasonable mind might accept as adequate to support a conclusion; it consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance.” Fiedler v. Fiedler, 266 Mont. 133, 138 , 879 P.2d 675, 678 (1994).
discussed Cited as authority (rule) Marriage of Heenan & Wallace
Mont. · 2021 · confidence medium
Credit Ass’n v. Desaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991), meaning “evidence that a reasonable mind might accept as adequate to support a conclusion; it consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance.” Fiedler v. Fiedler, 266 Mont. 133, 138 , 879 P.2d 675, 678 (1994).
cited Cited as authority (rule) Rideg v. Berleth
Mont. · 2020 · confidence medium
Credit Ass’n of Great Falls v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
discussed Cited as authority (rule) Matter of W.K.
Mont. · 2020 · confidence medium
Credit 13 Ass’n of Great Falls v. Desaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991) (adopting the three-part test). ¶28 In making its commitment determination, I believe the District Court was well-intentioned and desired to save this obviously high-functioning, competent, productive woman from having to endure several exacerbations of her newly presenting bipolar disorder before she fully accepted the new diagnosis, its attendant treatment, and its implications for her life in the future.
discussed Cited as authority (rule) Quigley v. Beck
Mont. · 2017 · confidence medium
Credit Ass’n v. DeSaye, 250 Mont. 320, 324 , 820 P.2d 1285, 1287 (1991). ¶25 Quigley argues that Beck failed to present substantial evidence that each of the four water rights is appurtenant to Beck’s land.
cited Cited as authority (rule) Eldorado Coop Canal Co. v. Lower Teton Joint Objectors
Mont. · 2016 · confidence medium
Credit Ass’n v. Desaye, 250 Mont. 320, 324 , 820 P.2d 1285, 1287-88 (1991).
discussed Cited as authority (rule) Marriage of Richards v. Trusler (2×)
Mont. · 2015 · confidence medium
Credit Ass’n v. Desaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
cited Cited as authority (rule) In re the Marriage of Schmidt
Mont. · 2014 · confidence medium
Credit v. DeSaye, 250 Mont. 320, 324 , 820 P.2d 1285, 1287-88 (1991).
discussed Cited as authority (rule) Skelton Ranch, Inc. v. Pondera County Canal & Reservoir Co. (2×)
Mont. · 2014 · confidence medium
Credit Ass’n v. Desaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991); see also e.g.
cited Cited as authority (rule) Heavirland v. State
Mont. · 2013 · confidence medium
Credit Ass’n v. Desaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
examined Cited as authority (rule) Weinheimer Ranch, Inc. v. Pospisil (3×) also: Cited "see, e.g."
Mont. · 2013 · confidence medium
Credit Ass’n v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
cited Cited as authority (rule) Matter of T.H.
Mont. · 2010 · confidence medium
In the Matter of D.H., 2001 MT 200 , ¶ 41, 306 Mont. 278 , 33 P.3d 616 . 7 Interstate Production Credit v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
cited Cited as authority (rule) Matter of T.H.
Mont. · 2010 · confidence medium
In the Matter of D.H., 2001 MT 200 , ¶ 41, 306 Mont. 278 , 33 P.3d 616 . 7 Interstate Production Credit v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
cited Cited as authority (rule) In Re the Marriage of Szafryk
Mont. · 2010 · confidence medium
Credit Assn. of Great Falls v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991)).
discussed Cited as authority (rule) In Re the Adoption of K.P.M. (2×)
Mont. · 2009 · confidence medium
Interstate Production Credit v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
discussed Cited as authority (rule) Kafka v. MONTANA DEPARTMENT OF FISH (2×)
Mont. · 2008 · confidence medium
Credit Assn. v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
discussed Cited as authority (rule) Kafka v. Montana Department of Fish, Wildlife & Parks (2×)
Mont. · 2008 · confidence medium
Credit Assn. v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991).
cited Cited as authority (rule) Jack Thibodeau v. Joseph Bechtold
Mont. · 2008 · confidence medium
Interstate Production Credit v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991). ¶15 We will not disturb a court’s evidentiary rulings absent an abuse of discretion.
discussed Cited as authority (rule) In Re GM
Mont. · 2008 · confidence medium
Interstate Production Credit v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991) (citations omitted); In re Mental Health of C.R.C., 2004 MT 389, ¶ 11 , 325 Mont. 133, ¶ 11 , 104 P.3d 1065, ¶ 11 . ¶ 23 A civil commitment for any purpose constitutes a significant deprivation of liberty that requires due process protection.
discussed Cited as authority (rule) In re G. M.
Mont. · 2008 · confidence medium
Interstate Production Credit v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991) (citations omitted); In re Mental Health of C.R.C., 2004 MT 389, ¶ 11 , 325 Mont. 133, ¶ 11 , 104 P.3d 1065, ¶ 11 . ¶23 A civil commitment for any purpose constitutes a significant deprivation of liberty that requires due process protection.
discussed Cited as authority (rule) Czajkowski v. Meyers (2×)
Mont. · 2007 · confidence medium
Sartori v. S & S Trucking, Inc., 2006 MT 164, ¶ 12 , 332 Mont. 503, ¶ 12 , 139 P.3d 806, ¶ 12 . ¶14 We review a district court’s punitive damages findings made pursuant to § 27-1-221, MCA, under the three-part test set forth in Interstate Production Credit v. DeSaye, 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (1991), to determine whether they are clearly erroneous.
discussed Cited as authority (rule) McCormick v. Brevig
Mont. · 2007 · confidence medium
Credit v. DeSaye, 250 Mont 320, 323 , 820 P.2d 1285, 1287 (1991)). ¶31 Our review of a district court’s conclusions of law is plenary and we must determine whether the court’s interpretation of the law is correct.
discussed Cited as authority (rule) Leichtfuss v. Dabney
Mont. · 2005 · confidence medium
Interstate Production Credit, 250 Mont. at 323 , 820 P.2d at 1287 (internal citations and quotation marks omitted). ¶21 With respect to the District Court’s conclusions of law, our standard of review is plenary, and we must determine whether the court’s interpretation of the law is correct.
cited Cited as authority (rule) Bio-Septic Systems, LLC. v. Weiss
Mont. · 2002 · confidence medium
Credit Ass’n v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (citing United States v. United States Gypsum Co. (1948), 333 U.S. 364 , 68 S.Ct. 525 , 92 L.Ed. 746 ).
discussed Cited as authority (rule) Marriage of Hall
Mont. · 2001 · confidence medium
In a review under the clearly erroneous standard, findings which are supported by substantial evidence may still be rejected if the reviewing court determines the finder of fact has misapprehended the effect of evidence or is left with "the definite and firm conviction that a mistake has been committed." Interstate Production Credit Ass'n of Great Falls v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (citations omitted). ¶7 Here, Lynn filed objections to the Special Master's findings, conclusions and report and the District Court held a hearing on those objections.
discussed Cited as authority (rule) McCauley v. Thompson-Nistler
Mont. · 2000 · confidence medium
Third, if substantial evidence exists and the effect of the evidence has not been misapprehended the Court may still find that “[A] finding is ‘clearly erroneous’ when, although there is evidence to support it, a review of the record leaves the court with the definite and firm conviction that a mistake has been committed.” Interstate Production Credit, 250 Mont. at 323 , 820 P.2d at 1287 (citations omitted).
discussed Cited as authority (rule) Jefferson County Ex Rel. Board of Commissioners v. Ranches
Mont. · 1999 · confidence medium
Third, if substantial evidence exists and the effect of the evidence has not been misapprehended, the Court may still find that “[A] finding is ‘clearly erroneous’ when, although there is evidence to support it, a review of the record leaves the court with the definite and firm conviction that a mistake has been committed.” Interstate Production Credit, 250 Mont. at 323 , 820 P.2d at 1287 (citations omitted).
cited Cited as authority (rule) Wiley v. Iverson
Mont. · 1999 · confidence medium
Credit Ass’n v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (setting forth the three-part test for making a clearly erroneous determination).
examined Cited as authority (rule) Barteaux v. Johnson (3×) also: Cited "see"
Mont. · 1999 · confidence medium
Additionally, the court found that making the payments from partnership funds resulted "in Johnson paying an extra $5,000.00 for Barteaux's personal obligation to Johnson." The court then found that Barteaux owed Johnson $15,000 to complete his share of the buy-in. ¶32.We have held that "[d]ue regard is to be given the trial court's ability to judge the credibility of the witnesses." Interstate Production Credit Ass'n v. DeSaye (1991), 250 Mont. 320, 324 , 820 P.2d 1285, 1287 (citing Rule 52(a), M.R.Civ.P.).
discussed Cited as authority (rule) Watts v. Montana Rail Link, Inc. (2×)
Mont. · 1999 · confidence medium
Credit Ass’n, 250 Mont. at 323 , 820 P.2d at 1287 (citations omitted).
cited Cited as authority (rule) Blue Dane Simmental v. American Sim
Mont. · 1998 · confidence medium
Credit Ass'n v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (citing United States v. United States Gypsum Co. (1948), 333 U.S. 364 , 68 S. Ct. 525 , 92 L.
examined Cited as authority (rule) Kurth v. Great Falls Tribune (3×) also: Cited "see"
Mont. · 1998 · confidence medium
Interstate Production Credit v. DeSaye (1991), 250 Mont. 320, 322-23 , 820 P.2d 1285, 1287 (citations omitted). ¶24 Kurth raises a number of arguments regarding the damage award.
cited Cited as authority (rule) In Re EW
Mont. · 1998 · confidence medium
DeSaye, 250 Mont. at 323 , 820 P.2d at 1287 (citations omitted). ¶ 11 We review conclusions of law in a termination proceeding to determine if those conclusions are correct.
cited Cited as authority (rule) In re Declaring E.W.
Mont. · 1998 · confidence medium
DeSaye, 250 Mont. at 323 , 820 P.2d at 1287 (citations omitted). ¶11 We review conclusions of law in a termination proceeding to determine if those conclusions are correct.
discussed Cited as authority (rule) Rettig v. Kallevig (2×)
Mont. · 1997 · confidence medium
Credit Ass’n v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (citations omitted).
cited Cited as authority (rule) Rieman v. Anderson
Mont. · 1997 · confidence medium
Interstate Production Credit v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (citation omitted).
cited Cited as authority (rule) Rafanelli v. Dale
Mont. · 1996 · confidence medium
Credit Ass’n v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (citations omitted).
discussed Cited as authority (rule) Marriage of Evans
Mont. · 1996 · confidence medium
Third, if substantial evidence exists and the effect of the evidence has not been misapprehended, the Court may still find that 1’[al finding is 'clearly erroneous' when, although there is evidence to support it, a review of the record leaves the court with the definite and firm conviction that a mistake has been committed." DeSave, 820 P.2d at 1287 (citations omitted).
cited Cited as authority (rule) Schneeloch v. Cornman
Mont. · 1995 · confidence medium
Interstate Production Credit Ass’n v. De&ye (1991) , 250 Mont. 320, 322 , 820 P.2d 1285, 1287 (citing Rule 52(a), M.R.Civ.P.).
discussed Cited "see" Mortgage Source, Inc. v. Strong (2×)
Mont. · 2003 · signal: see · confidence high
See Daines, 269 Mont. at 325 , 888 P.2d at 906 (citing Interstate Production Credit Ass’n v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 ). ¶8 When reviewing a court’s conclusions of law, we review them to determine whether the court’s interpretation of the law is correct.
discussed Cited "see" Burns v. a Cash Construction Lien Bond (2×)
Mont. · 2000 · signal: see · confidence high
See Interstate Production Credit v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 .
discussed Cited "see" Langevin v. Andersen (2×)
Mont. · 2000 · signal: see · confidence high
See Interstate Production Credit v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 .
discussed Cited "see" State v. Lambert (2×)
Mont. · 2000 · signal: see · confidence high
See Interstate Production Credit v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 .
discussed Cited "see" State v. Burt (2×)
Mont. · 2000 · signal: see · confidence high
See Interstate Production Credit v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 .
discussed Cited "see" Marriage of Harper v. Harper (2×)
Mont. · 1999 · signal: see · confidence high
See Interstate Production Credit Ass’n v. DeSaye (1991), 250 Mont. 320, 323 , 820 P.2d 1285, 1287 (setting forth a three-part test for determining whether a finding is clearly erroneous).
Retrieving the full opinion text from the archive…
INTERSTATE PRODUCTION CREDIT ASSOCIATION of Great Falls, Montana, Plaintiff and Respondent,
v.
JOSEPH L. DeSAYE and Grace L. DeSaye, Defendants, Counter-Claimants and Appellants, v. INTERSTATE PRODUCTION CREDIT ASSOCIATION of Great Falls, Montana, Counter-Defendant
90-628.
Montana Supreme Court.
Nov 14, 1991.
820 P.2d 1285
Leo Graybill, Jr., Graybill, Ostrem, Warner & Crotty, Great Falls, for defendants, counter-claimants and appellants., John Paul, Alexander, Baucus & Linnell, Great Falls, for plaintiff and respondent.
McDonough, Harrison, Gray, Hunt, Trieweiler.
Cited by 317 opinions  |  Published
JUSTICE McDONOUGH

delivered the Opinion of the Court.

This is an appeal from a judgment of possession of the Twelfth Judicial District, Chouteau County. Subsequent to a foreclosure action, the District Court found that the appellants, Joe and Grace DeSaye (DeSaye), were not entitled to possession of their farm in Loma, Montana, during the statutory redemption period. We affirm.

A question in this case involves the District Court’s denial of a motion in limine during the foreclosure proceeding. DeSaye was precluded from introducing expert testimony regarding the interest rates charged by respondent, Interstate Production Credit Association of Great Falls, Montana (IPCA). However, this Court granted IPCA’s motion dismissing DeSayes’ appeal of the District Court’s ruling on the motion in limine because DeSayes failed to file their appeal of the foreclosure judgment and decree in a timely fashion.

[*322] There is one issue for our review. Did the District Court err by finding that Joseph L. DeSaye was not entitled to possession of the foreclosed farm during the statutory redemption period?

Following a jury verdict in favor of IPCA, the District Court entered a judgment and decree of foreclosure against DeSayes. De-Saye objected that the judgment failed to identify how the issue of possession during the year of redemption would be resolved. The court ordered briefs on the possession issue, and an evidentiary hearing was held. The subject property, located at Loma, Montana, is a large irrigated farm consisting of two houses and several outbuildings. The “large” house is occupied by DeSayes’ son Grant, Grant’s wife and their children. Grant utilizes the property to run cattle independently of his father. In addition, along with his father, he attends to farming operations. Initially, the court found that during the redemption period DeSaye would be entitled to possession of the “small house” but not to the ‘large house,” outbuildings and surrounding grounds.

Subsequent to the District Court’s decision, this Court decided Federal Land Bank of Spokane v. Snider (1991), 247 Mont. 508, 808 P.2d 475, 48 St.Rep. 285, In Snider, this Court held that when determining possession of foreclosed property during the redemption period, there is no basis for dividing lands that the execution debtor occupies. In May 1991, we requested the District Court to reconsider its decision in light of the Snider decision. The District Court reviewed the record, found it unnecessary to obtain further evidence and determined that DeSaye did not occupy the foreclosed land as a home for himself and his family thereby granting possession of all the foreclosed land to IPCA. DeSaye appeals.

Section 71-1-229, MCA, provides in relevant part that:

“The purchaser of lands at mortgage foreclosure is not entitled to the possession thereof as against the execution debtor during the period of redemption allowed by law while the execution debtor personally occupies the land as a home for himself and his family.”

Determining who is entitled to possession of the property hinges on whether DeSaye (the execution debtor) personally occupied the land as a home for himself and his family. Resolution of this matter is a question of fact to be determined by the trial court.

This Court will affirm the findings of a trial court sitting without a jury unless the findings are clearly erroneous. Rule 52(a), M.R.Civ.P. In comparison, this Court will affirm the verdict of a jury[*323] if there is substantial credible evidence in the record to support the verdict. It is necessary to clarify these two standards and their proper application.

Substantial credible evidence when used to support a jury verdict is fairly well understood; however, when substantial evidence is used in the clearly erroneous standard, it is less clear. If a finding is not supported by substantial evidence it is clearly erroneous. The converse proposition that a finding supported by substantial evidence cannot be clearly erroneous is not true in a non-jury case. Wright and Miller, 9 Federal Practice and Procedure, Civil § 2585 at p. 735. “Substantial evidence and clearly erroneous are not synonymous, and a finding may be set aside, though supported by substantial evidence if found to be clearly erroneous.” W.R.B. Corp. v. Geer (C.A. 5th, 1963), 313 F.2d 750.

We adopt the following three-part test to determine if a finding is clearly erroneous. First, the Court will review the record to see if the findings are supported by substantial evidence. Second, if the findings are supported by substantial evidence we will determine if the trial court has misapprehended the effect of evidence. Western Cottonoil Co. v. Hodges (C.A. 5th 1954), 218 F.2d 158; Narragansett Improvement Company v. United States (C.A. 1st 1961), 290 F.2d 577. Third, if substantial evidence exists and the effect of the evidence has not been misapprehended, the Court may still find that “[A] finding is ‘clearly erroneous’ when, although there is evidence to support it, a review of the record leaves the court with the definite and firm conviction that a mistake has been committed.” U.S. v. U.S. Gypsum Co. (1948), 333 U.S. 364, 68 S.Ct. 525, 92 L.Ed. 746.

In the instant case, the District Court based its findings that DeSaye did not reside in Loma on the following six facts. First, DeSaye’s telephone number was listed in Arizona at the home of his present wife, Carol Struck, while no listing was found in his name at the Loma farm. Second, neither DeSaye’s mailing address nor vehicle registration identify the Loma farm. His mailing address is a post office box at Havre, Montana. Third, Desaye was found to have spent more than 50 percent of his time in Arizona. Fourth, his current wife resides in Mesa, Arizona, and has never spent a night at the Loma farm. Fifth, Joe and Grace Desaye divorced in 1989. Joseph L. DeSaye claimed in petition for dissolution and was found in the final decree of marriage dissolution to be a resident of the State of Arizona. Sixth, the farmhouse is occupied by DeSayes’ son and his family who run livestock independent of DeSaye.

[*324] We find that the facts above provide substantial evidence that DeSaye did not make his home at the Loma farm. DeSaye contends that these facts are not determinative. He testified and maintains that he considers the Loma farm to be his home. Numerous examples from the record are cited to refute the District Court’s finding and to support his contention that he does in fact live at the Loma farm. DeSaye alleges that the record clearly supports a finding that he does reside at the Loma farm and that he should be given possession during the redemption period.

Although conflicts may exist in the evidence presented, it is the duty of the trial judge to resolve such conflicts. Due regard is to be given the trial court’s ability to judge the credibility of the witnesses. Rule 52(a), M.R.Civ.P. This Court’s function is not to substitute its judgment for the trier of fact. Wallace v. Wallace (1983), 203 Mont. 255, 661 P.2d 455.

The language of § 71-1-229, MCA, is clear in that execution debtors themselves must “personally’ reside at the foreclosed property. We decline Desaye’s invitation to include his son’s family residence at the farm as being able to substitute for his own. While it is unclear why the District Court initially found that DeSaye did reside in the “small house” but on reconsideration found that the small house was not his home, it remains that the substantial evidence does support the court’s finding on reconsideration. The District Court did not misapprehend the effect of its evidence. Furthermore, a review of the evidence does not leave us with a definite and firm conviction that a mistake has been committed. Affirmed.

JUSTICES HARRISON, GRAY, HUNT, and TRIEWEILER concur.