Legal Opinion

Hurley v. O'Neill

Montana Supreme Court

Decided January 21, 1905No. 2,025PublishedCited by 4 opinions

Appeal from District Court, Silver Bow County; F. W. Harney, Judge. Action for partition by Mary Ann Hurley against Patrick O’Neill. Prom an interlocutory decree, and from an order overruling motion for new trial, defendant appeals.

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Appeal from District Court, Silver Bow County; F. W. Harney, Judge. Action for partition by Mary Ann Hurley against Patrick O’Neill. Prom an interlocutory decree, and from an order overruling motion for new trial, defendant appeals. There being a substantial conflict in the evidence upon the question as to whether respondent ever had any actual notice of the existence of the alleged oral agreement for partition of the lot, the findings and decree of the district court must be sustained. (Lincoln v. Rogers, 1 Mont. 286; Orr v. Haskell, 2 Mont. 255 ; Beck v. Beck, 6 Mont. 285 ; Landsman v.…

1Opinion of the Court

MR. COMMISSIONER POORMAN

prepared the opinion for the court.

This is an appeal from an interlocutory decree rendered in *597a suit for partition, and from an order overruling a motion for a new trial.

The facts appear to be that the defendant and one' Dennis D. Sullivan in 1889 purchased a certain tract of land, 100 feet in length and 30 feet in width, in Butte, Montana; that their titles were obtained from a common source, and, so far as the record title is concerned, they were tenants in common. It also appears that at the time of the purchase the territory adjoining the lot was unnoccupied, and…

2Cases cited10 opinions

  1. O'Connor v. IrvineCalifornia Supreme Court · 1887
  2. Holloway v. McIlhenny Co.Texas Supreme Court · 1890
  3. Murray v. TingleyMontana Supreme Court · 1897
  4. Dameron v. JamesonSupreme Court of Missouri · 1879
  5. Davis v. LangIllinois Supreme Court · 1894

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

3Cited by4 opinions

  1. Lawrence v. HarveyMontana Supreme Court · 1980
  2. Kellogg v. Dearborn Information Services, LLCMontana Supreme Court · 2005
  3. Ciotti v. HooverMontana Supreme Court · 1989
  4. In Re the Formation of East Bench Irrigation DistrictMontana Supreme Court · 2008

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