Capell v. Fagan
Montana Supreme Court
Affeal from District Court, Silver Boiu County; E. W. Harney, Judge. Action by Carl J. Capell and others against Joseph B. Fagan. From a judgment for defendant, and from an order overruling a motion for a new trial, plaintiffs appeal. “A complaint which alleges that plaintiff was the owner of and in possession of -certain land, and that, defendant claims an estate or interest- therein, hut has none, states a cause of action.”
Read the full summary
Affeal from District Court, Silver Boiu County; E. W. Harney, Judge. Action by Carl J. Capell and others against Joseph B. Fagan. From a judgment for defendant, and from an order overruling a motion for a new trial, plaintiffs appeal. “A complaint which alleges that plaintiff was the owner of and in possession of -certain land, and that, defendant claims an estate or interest- therein, hut has none, states a cause of action.” (Rough v. Simmons, 65 Cal. 227; Johnson v. Vance, 86 Cal. 129, A. C, 24 Pac. 863.) “The allegation that plaintiff is the owner of land is in substance an allegation of…
1Opinion of the Court
ME. COMMISSIONER CLAYBEPG
prepared the following opinion for the court:
Appeal by plaintiffs from a judgment against them and from an order overruling their motion for a new trial.
The action was instituted to quiet the title to an undivided one-fourth interest in the Josephine quartz lode mining claim. Plaintiffs claim ownership and possession of the' property in controversy. Defendant claims ownership- and right of possession of an undivided one-half of the premises, admitting that plaintiffs are entitled to the other half, and that each are entitled to an undivided one-eighth of the entire…
Also in this document: Per curiam.
2Cases cited13 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- Edwards v. . NoyesNew York Court of Appeals · 1875
- United States v. BrittonU.S. Circuit Court for the District of Massachusetts · 1822
- Edwards v. RivesSupreme Court of Florida · 1895
- Rankin v. CrowIllinois Supreme Court · 1858
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cross v. AbySupreme Court of Florida · 1908
- Custer Con. Mines Co. v. City of HelenaMontana Supreme Court · 1916
- Miller v. MillerMontana Supreme Court · 1948
- Wilson v. DavisMontana Supreme Court · 1940
- City of Brunswick Ex Rel. Barkwell v. ScottMissouri Court of Appeals · 1924
4 more not listed; retrieve them via the Exa API.