Myrick v. Peet
Montana Supreme Court
Appeal from District Court, Chouteau County; John W. Tattan, Judge. Action by Hobart D. My rick against D. C. Peet. Judgment for defendant, and plaintiff appeals from it and an order denying Mm a new trial.
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Appeal from District Court, Chouteau County; John W. Tattan, Judge. Action by Hobart D. My rick against D. C. Peet. Judgment for defendant, and plaintiff appeals from it and an order denying Mm a new trial. We take the position that the monuments which defendant contends are government monuments are a part of a survey of this township which h$s been and is wholly unofficial, void and of no effect, and that by reason of their inclusion in such a survey the particular monuments in dispute are unofficial. Whether a given monument can or ought to be given an official character depends largely…
1Opinion of the CourtJustice Cooper
This is an action in ejectment. Plaintiff became the equitable owner of the northwest quarter, and the defendant the equitable owner of the northeast quarter, of section 25, township 21 north of range 12 east, by purchase at a sale by the state of lands acquired by it from the Federal government in said township and range, consisting of sections 24; 25, 26, 34, 35, and the southeast quarter of section 23. By the mutual agreement of the parties the officer in charge of the sale issued certificates to plaintiff and defendant,' conveying to them, respectively, the northwest quarter and the…
2Cases cited20 opinions
- Cragin v. PowellSupreme Court of the United States · 1888
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Turner v. BakerSupreme Court of Missouri · 1876
- Galbraith v. LunsfordTennessee Supreme Court · 1888
- Janke v. McMahonCalifornia Court of Appeal · 1913
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3Cited by20 opinions
- Arps v. State Highway CommissionMontana Supreme Court · 1931
- Herrin v. EricksonMontana Supreme Court · 1931
- State Ex Rel. Olsen v. Public Service CommissionMontana Supreme Court · 1957
- Townsend v. KoukolMontana Supreme Court · 1966
- Funk v. RobbinMontana Supreme Court · 1984
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