Black v. Story
Montana Supreme Court
Appeal from District Court, Gallatin County. Defendants in the court below, in support of their demurrer, cited Carr hart y. Montana Mineral L. & M. Co., 1 Mont. 245, and the court, following that case, sustains the demurrer. That case was decided on a different statute from the one in force at the time the case at bar was instituted.
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Appeal from District Court, Gallatin County. Defendants in the court below, in support of their demurrer, cited Carr hart y. Montana Mineral L. & M. Co., 1 Mont. 245, and the court, following that case, sustains the demurrer. That case was decided on a different statute from the one in force at the time the case at bar was instituted. Under the provisions of the Probate Practice Act, approved February 16, 1877, the executor or administrator is entitled to the possession of all the real and personal estate of the decedent. See sec. 127, p. 214, and sec. 532, p. 282, div. 2, Rev. Stats.; see…
1Opinion of the Court
The opinion states the case.
Galbraith, J.
This is an appeal from a judgment rendered in consequence of a demurrer having been sustained to the complaint. The action was brought by the appellant, as'administrator, to recover the possession of certain real estate. The demurrer was upon the ground that, as a matter of law, he could not, as such administrator, maintain an action for the possession of real property. It was determined in the case of Carrhart v. Montana Mineral Land and Mining Co., 1 Mont. 245, that an administrator could not maintain an action in ejectment for the possession of real…
2Cases cited1 opinion
- Carrhart v. Montana Mineral Land & Mining Co.Montana Supreme Court · 1870
3Cited by3 opinions
- In re Higgins' EstateMontana Supreme Court · 1895
- Blakemore v. RobertsNorth Dakota Supreme Court · 1903
- Kohn v. McKinnonDistrict Court, D. Alaska · 1898