Legal Opinion

Allen v. Roush

Montana Supreme Court

Decided March 4, 1895PublishedCited by 1 opinion

Appeal from, First Judicial District, Lewis and Glarhe County. Ejectment. Judgment was rendered for the defendant below by Buck, J. Statement of the case: This is an action in the nature of ejectment, by which plaintiff below sought possession of certain town lots in the city of Helena, and damages for their detention. The trial was by the court sitting without a jury. Judgment was for defendant. The plaintiff’s motion for new trial was denied.

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Appeal from, First Judicial District, Lewis and Glarhe County. Ejectment. Judgment was rendered for the defendant below by Buck, J. Statement of the case: This is an action in the nature of ejectment, by which plaintiff below sought possession of certain town lots in the city of Helena, and damages for their detention. The trial was by the court sitting without a jury. Judgment was for defendant. The plaintiff’s motion for new trial was denied. From this order the plaintiff appeals. The defendant, in a case where there is a valid judgment and execution, is as much bound by the deed of a…

1Opinion of the Court

Pee CuRiAM.

— The learned judge of the district court, in deciding this case, filed a written opinion, in which he said, in part, as follows:

“The questions to be determined in this action depend upon facts substantially as follows: The defendant, a married woman, received a probate judge’s deed in 1870 to the town lots in controversy. Soon after, she and her husband mortgaged the same to one Fort. The mortgage was foreclosed, and Fort became the purchaser of the property at sheriff’s sale in 1871. Soon after his purchase of the property he sold it to the plaintiff, who took possession. In 1872…

2Cases cited2 opinions

  1. Chadwick v. TatemMontana Supreme Court · 1890
  2. Montana Improvement Co. v. ColterMontana Supreme Court · 1888

3Cited by1 opinion

  1. Montana Power Company v. .CareyMontana Supreme Court · 1984

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