Lynde v. Wakefield
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin Gouni/y. Action for dower. The cause was tried before DuBose, J., sitting in place of Armstrong, J. Plaintiff had judgment below. Statement of the case by the Justice delivering the opinion. Leander M. Black in the year 1881 died in the county of Gallatin in this State.
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Appeal from Ninth Judicial District, Gallatin Gouni/y. Action for dower. The cause was tried before DuBose, J., sitting in place of Armstrong, J. Plaintiff had judgment below. Statement of the case by the Justice delivering the opinion. Leander M. Black in the year 1881 died in the county of Gallatin in this State. During his lifetime he had been the owner in fee of a large amount of real estate, situated in the city of Bozeman in said county, and which real estate is described in the complaint in this action. The said Leander M. Black left surviving him as his widow and relict Mary A. Black,…
1Opinion of the CourtPemberton, C. J.
Counsel for the appellant object to the substitution of the administration of Mary A. Black, because, they contend, the entire cause of action abated by her death, and that the right to sue for and collect the rents and profits of the dower estate, which had accrued between the time Mary A. Black commenced her suit and her death, does not survive to her legal representative. This contention presents the first question for our consideration.
This cause was commenced under, and must be determined by, the provisions of § 22, page 63, Code Civil Procedure, Compiled Statutes 1887, which is as…
2Cases cited12 opinions
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- McClanahan v. PorterSupreme Court of Missouri · 1847
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3Cited by6 opinions
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