Legal Opinion · Dissent

City of Missoula v. Bakke

Montana Supreme Court

Decided June 11, 1948No. 8802Published

1DissentChief Justice Adaie

Survey lines, definite and fixed, marked upon the ground and accurately represented on the plat by Washington J. McCormick, the original patentee, constitute the boundaries and show the limits of each and every lot in block 56 of patentee’s addition to the city of Missoula. None of the lands here claimed by the city falls within such survey lines so bounding the lots nor do any of the lands fall within the lines constituting the boundaries and defining the limits of said addition. All the land which the city here claims lies wholly without and beyond the boundary lines fixed by the patentee…

2Cases cited51 opinions

  1. Sage v. Mayor of New YorkNew York Court of Appeals · 1897
  2. Johnston v. JonesSupreme Court of the United States · 1862
  3. Niles v. Cedar Point ClubSupreme Court of the United States · 1899
  4. Mulry v. . NortonNew York Court of Appeals · 1885
  5. Collins v. Asheville Land Co.Supreme Court of North Carolina · 1901

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