Mathes v. Nissler
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Cowvty. Partition. Judgment was rendered for the defendants below by Speer, J. Statement of the case by the justice delivering the opinion. This action is brought for the partition of certain real estate situated in Silver Bow county.
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Appeal from Second Judicial District, Silver Bow Cowvty. Partition. Judgment was rendered for the defendants below by Speer, J. Statement of the case by the justice delivering the opinion. This action is brought for the partition of certain real estate situated in Silver Bow county. It appears from the record that plaintiff, Mathes, and defendants Nissler and Stolte, and one Herman Otten, located the land in controversy as a placer mining claim in April, 1886 and on the 5th day of August, 1889, a patent was issued to them therefor. It further appears from the record that the plaintiff and…
1Opinion of the CourtPemberton, C. J.
As will be seen from the foregoing statement, the defense interposed in this action by defendants Nissler and Stolte was that they and the plaintiff and Otten had made a parol partition of the land in controversy, as far as the separate parts of the land which they had so long respectively occupied, and placed lasting and valuable improvements upon, with the knowledge and consent of each other, were concerned and involved. The court held that the parties having-occupied and possessed the several separate parts of the land with the consent of each other, and having, at their own expense, made…
2Cases cited8 opinions
- Hazen v. BarnettSupreme Court of Missouri · 1872
- McKnight v. BellSupreme Court of Pennsylvania · 1890
- Manly v. PetteeIllinois Supreme Court · 1865
- Hauk v. McComasIndiana Supreme Court · 1884
- Rountree v. LaneSupreme Court of South Carolina · 1890
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