Legal Opinion

Foster v. Wilson

Montana Supreme Court

Decided January 15, 1883PublishedCited by 9 opinions

Appeal from Second District, Silver Bow County. This is an appeal from a judgment of the second judicial district court overruling defendant’s demurrer, and from the whole of said judgment. The action is brought to recover the possession of real property in the town of Walkerville.

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Appeal from Second District, Silver Bow County. This is an appeal from a judgment of the second judicial district court overruling defendant’s demurrer, and from the whole of said judgment. The action is brought to recover the possession of real property in the town of Walkerville. Defendant demurred to the complaint on the grounds: 1st. That it is ambiguous, unintelligible and uncertain, in that it contains no adequate description of the land attempted to be brought into controversy sufficient to apprise defendant of the land intended to be claimed, or to enable an officer to identify it.…

1Opinion of the CourtWade, C. J.

This is an action in the nature of ejectment to recover the possession of a certain house and lot, situate in the county of Silver Bow, and described as follows: “That certain house and lot of ground on which it stands, situate and being in the town of Walkerville, in' county of Silver Bow, Montana territory, and about one-eighth of a mile westerly from the hotel and boarding-house of Rolla Butcher, and called the Rainbow Hotel, and about four hundred yards southei’ly from the Alice Gold and Silver Mining Company’s Mill, said house being known as the Clark Hall house, and being the house…

2Cited by9 opinions

  1. Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
  2. Crenshaw v. CrenshawMontana Supreme Court · 1947
  3. City of Helena v. BruleMontana Supreme Court · 1895
  4. Tracy v. HarmonMontana Supreme Court · 1896
  5. Quirk v. ClarkMontana Supreme Court · 1887

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