Milligan v. Cuff
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action for forcible entry and unlawful detainer. The cause was tried before Dukfee, J. Plaintiff had judgment below. The evidence conclusively shows that the defendant, or his agents, were in constant possession of the property, although frequently absent for a short time. That during such absence George Plaisted went upon the premises. That upon his return the defendant again took possession, without force.
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Appeal from Third Judicial District, Deer Lodge County. Action for forcible entry and unlawful detainer. The cause was tried before Dukfee, J. Plaintiff had judgment below. The evidence conclusively shows that the defendant, or his agents, were in constant possession of the property, although frequently absent for a short time. That during such absence George Plaisted went upon the premises. That upon his return the defendant again took possession, without force. Defendant entered in good faith and under claim of title as lessee, and therefore could not be guilty of unlawful detainer. (Conroy…
1Per curiam
By this action, plaintiff seeks judgment for restitution of possession of a certain lot and building thereon situate in Phillipsburgli, Deer Lodge county, whereof plaintiff, by her complaint, avers that she was on the 12th of March, 1890, the owner and in peaceable possession; that defendant, then and there, contrary to the statute in such cases made and provided, entered into said premises, and with strong hand took possession thereof, and ever since has wrongfully withheld possession, to plaintiff’s damage in the sum of one hundred dollars. Wherefore, plaintiff demands judgment for…
2Cases cited2 opinions
- Bowers v. BobCalifornia Supreme Court · 1873
- Voll v. ButlerCalifornia Supreme Court · 1874