Boulder Valley Ditch Mining & Milling Co. v. Farnham
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson Comity. Ejectment. The cause was tried before Galbraith, J. Defendant had j udgment below. I. No mere claim of right founded on a verbal contract can constitute adverse possession. The possession is presumed to follow the legal title which is admitted to be in the plaintiff.
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Appeal from Fifth Judicial District, Jefferson Comity. Ejectment. The cause was tried before Galbraith, J. Defendant had j udgment below. I. No mere claim of right founded on a verbal contract can constitute adverse possession. The possession is presumed to follow the legal title which is admitted to be in the plaintiff. To constitute adverse possession there must be actual, open, visible, notorious, and exclusive possession, and it must be continuous and uninterrupted, and under a claim of right to hold the land against him who was seized; and the person against whom it is held must have…
1Opinion of the CourtHarwood, J.
Action in the nature of ejectment to recover possession of two lots situate in the town of Boulder, Jefferson County. Plaintiff is a corporation organized and existing under the laws of this State.
Defendant, by answer, admits that on July 5, 1888, and at *4all times since that date, the legal title to the lots of land described in the complaint was, and now is, in the plaintiff; but denies that at said time, or at any time since, plaintiff was or is entitled to; the possession of said land, or any portion thereof; and denies that plaintiff is, or has been since about April, 1883, the owner of…
2Cases cited5 opinions
- Lamme v. DodsonMontana Supreme Court · 1883
- Wood v. ThornlyIllinois Supreme Court · 1871
- Ducie v. FordMontana Supreme Court · 1888
- Parke v. LeewrightSupreme Court of Missouri · 1854
- Cartin v. HammondMontana Supreme Court · 1890
3Cited by5 opinions
- Woodworth v. FranklinSupreme Court of Oklahoma · 1921
- Kleinschmidt v. BinzelMontana Supreme Court · 1894
- Stoddard v. GookinMontana Supreme Court · 1981
- Bolinger v. City of BozemanMontana Supreme Court · 1972
- Hughes v. MelbyMontana Supreme Court · 1958