Martin v. Flaharty
Montana Supreme Court
Appeal from, Ninth Judicial District, Gallatin County. Ejectment. The cause was tried. before Armstrong, J., without a jury. Defendants had judgment below. There was no delivery of the deed to the property in question to the grantees, or either of them, prior to the death of the grantor, or at all, as shown by the evidence. (Devlin on Deeds, §§ 79, 283; Fisher v. Hall, 41 N. Y. 423; Prutsman v. Baker, 30 Wis. 644; 11 Am.
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Appeal from, Ninth Judicial District, Gallatin County. Ejectment. The cause was tried. before Armstrong, J., without a jury. Defendants had judgment below. There was no delivery of the deed to the property in question to the grantees, or either of them, prior to the death of the grantor, or at all, as shown by the evidence. (Devlin on Deeds, §§ 79, 283; Fisher v. Hall, 41 N. Y. 423; Prutsman v. Baker, 30 Wis. 644; 11 Am. Eep. 592; Ball v. Foreman, 37 Ohio, 137; Jackson v. Leek, 12 Wend. 107; Fay v. Richardson, 7 Pick. 91; Shurtlejf v. Francis, 118 Mass. 154; Wiggins v. Lusk, 12 111. 132;…
1Opinion of the CourtPemberton, C. J.
This is a suit in ejectment instituted in the court below by appellant as administrator of Bebecea Githens, deceased. The complaint is such a one as is ordinarily employed in such actions. The answer contains a denial of all of the material allegations contained in the complaint, and alleges affirmatively that the deceased was not the owner of the demanded premises at the time of her death, but was the tenant of the respondents; that, as she did not die seised of any estate in the premises, her administrator, the appellant, cannot maintain this action. Both parties in the court below having…
2Cases cited9 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Newton & Seeley v. BealerSupreme Court of Iowa · 1875
- Ruggles v. LawsonNew York Supreme Court · 1816
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3Cited by22 opinions
- Osborne v. EslingerIndiana Supreme Court · 1900
- Roman v. AlbertMontana Supreme Court · 1928
- Talbot v. TalbotSupreme Court of Rhode Island · 1911
- Payne v. PayneSupreme Court of Virginia · 1920
- Johnson v. CraigSupreme Court of Oklahoma · 1913
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