Legal Opinion

Eustance v. Francis

Montana Supreme Court

Decided April 27, 1916No. 3,643PublishedCited by 3 opinions

Appeal from District Court, Cascade County, in the Eighth Judicial District; Boy E. Ayers, Judge of the Tenth District, presiding. Action by Ellen S. Eustance against Judith Francis and' others. From a judgment for plaintiff, defendants appeal. Cause submitted on briefs of counsel.

1Opinion of the CourtChief Justice Brantly

Action to quiet title to certain land described in the complaint and situate in Cascade county. The action was brought in that county. The appeal is by the defendants from a judgment rendered on the pleadings under these circumstances:

In their amended answer, besides denying plaintiff's title, etc., and setting forth the nature of their adverse claim, defendants also alleged in abatement of the action that another action involving the same cause of action as that involved herein, and’ to which the parties hereto were the same, had theretofore been decided by the court and was pending in the…

2Cases cited2 opinions

  1. State ex rel. Mannix v. District CourtMontana Supreme Court · 1915
  2. Chellquist v. EustanceMontana Supreme Court · 1914

3Cited by3 opinions

  1. Rowan v. Gazette Printing Co.Montana Supreme Court · 1923
  2. State Ex Rel. Smith v. District CourtMontana Supreme Court · 1944
  3. Hoffman v. WhiteNew Mexico Supreme Court · 1932

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