Hollensteiner v. Anderson

Appeal from a judgment in favor of defendant in an action to foreclose a vendee’s lien for the amount paid on a contract for the purchase of real estate on failure of consideration.

Prom the pleadings and proof it is unquestioned that for some time prior to June 11, 1918, Thomas W. Anderson had been the owner of a certain tract of land in Missoula county, but that the title to a valuable stand of timber thereon, with a right of way across the land and reserved mineral rights, was in the Anaconda Copper Mining Company. At some time prior to June 11, 1918, the plaintiff and his brother, A. P.…