Legal Opinion

Borgeson v. Tubb

Montana Supreme Court

Decided April 15, 1918No. 3,900PublishedCited by 15 opinions

Appeal from District Court, Fergus County; Roy E. Ayers, Judge. Action by Claus Borgeson against T. J. Tubb. Judgment for plaintiff and defendant appeals from an order denying him a new trial. The things alleged as acts constituting adverse possession fall short in law of constituting adverse possession. (1) Inclosures.

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Appeal from District Court, Fergus County; Roy E. Ayers, Judge. Action by Claus Borgeson against T. J. Tubb. Judgment for plaintiff and defendant appeals from an order denying him a new trial. The things alleged as acts constituting adverse possession fall short in law of constituting adverse possession. (1) Inclosures. An inclosure of a smaller tract with a larger one not claimed adversely does not constitute a sufficient inclosure of the tracts to satisfy the law in this respect. (2 Corpus Juris, 64; Walsh v. Hill, 41 Cal. 571, 582; Wolf v. Baldwin, 19 Cal. 306; Borel v. Rollins, 30 Cal.…

1Opinion of the CourtJustice Holloway

In 1882 Francis Janeaux laid out the southwest quarter of the northeast quarter of section 15, township 15 north, range 18 east, as the original town site of Lewistown and caused a plat thereof to be filed with the county clerk and recorder. In 1884 an amended plat was filed, the evident purpose of which was to supply certain necessary indorsements omitted from the first, but by inadvertence this amended plat erroneously described the forty-acre tract upon which the town site is located, and in 1890 a second amended plat was filed to correct the error. In 1885 Janeaux laid out Janeaux…

2Cases cited6 opinions

  1. Fox v. WindesSupreme Court of Missouri · 1895
  2. Hall v. WrightCourt of Appeals of Kentucky · 1909
  3. Shelton Logging Co. v. GosserWashington Supreme Court · 1901
  4. Hall v. WrightCourt of Appeals of Kentucky · 1910
  5. Hoar v. HennessyMontana Supreme Court · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Smith v. WhitneyMontana Supreme Court · 1937
  2. Carstensen v. BrownWyoming Supreme Court · 1925
  3. Aronow v. BishopMontana Supreme Court · 1938
  4. Bentley v. JenneWyoming Supreme Court · 1925
  5. Johnson v. JarrettMontana Supreme Court · 1976

10 more not listed; retrieve them via the Exa API.

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