Alderson v. Marshall
Montana Supreme Court
Appeal from, District Court, Gallatin County. In the ordinary action of ejectment, the party m possession is presumed to have a valid title until the contrary is proven. Willis v. Wozencraft, 22 Cal. 608; Owen v. Fowler, 24 Cal. 193; Owen v. Morton, 24 Cal. 273; 2 Greenl. Ev., sec. 331. And this presumption of title must be overcome by proof of title in plaintiff, which is good as against the defendant.
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Appeal from, District Court, Gallatin County. In the ordinary action of ejectment, the party m possession is presumed to have a valid title until the contrary is proven. Willis v. Wozencraft, 22 Cal. 608; Owen v. Fowler, 24 Cal. 193; Owen v. Morton, 24 Cal. 273; 2 Greenl. Ev., sec. 331. And this presumption of title must be overcome by proof of title in plaintiff, which is good as against the defendant. People v. Leonard, 11 Johns. 504; Sullivan v. Dimmitl, 34 Tex. 114; Kennedy v. Sheer, 3 Watts, 95. And plaintiff must also show a present right of possession. Cincinnati v. White’s Lessee, 6…
1Opinion of the CourtBach, J.
This is an action of ejectment. The complaint contains the allegations usual in such cases. The answer denies the title of the plaintiff, and the unlawful withholding, and sets up as a further defense the statute of limitations. At the trial of the case, the plaintiff *294proved the title of one Mathew Muldoon to the premises, and then introduced in evidence, without objection, the judgment roll in an action in which the plaintiff herein was plaintiff and the said Muldoon was the defendant, which action was brought for the purpose of foreclosing a mortgage executed by Muldoon to the plaintiff,…
2Cases cited9 opinions
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