Legal Opinion

Story v. Black

Montana Supreme Court

Decided January 15, 1883PublishedCited by 20 opinions

Appeal from, First District, Gallatin County. I. This is an action of ejectment for lots 16 and 17, in block “A,” of Black’s addition to the town of Bozeman.

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Appeal from, First District, Gallatin County. I. This is an action of ejectment for lots 16 and 17, in block “A,” of Black’s addition to the town of Bozeman. Plaintiff claims title by virtue of a sheriff’s deed to said property, he having been the purchaser thereof at a sheriff’s sale of the same, upon execution issued out of the district court of Gallatin county, in the case of Nelson Story v. Leander M. Black, said action having been commenced on the 28th day of February, A. D. 1878, and an attachment therein having been duly issued and levied upon said property on the 10th day of July, A.…

1Opinion of the Court

Wade, O. J.

This is an action in the nature of ejectment to recover possession of lots 16 and 17, in block A, of Black’s addition to the town of Bozeman. Applicant claims by virtue of a sale on execution and a sheriff’s deed, and the respondents by reason of a parol gift from father to daughter-in-law.

On the trial the court found the following facts:

1st. That on the 31st day of August, A. D. 1875, the said Leander M. Black, father of defendant Madison M. Black, executed to the defendant Bosa Gr. Black a deed to what is known as the Koch property, which deed was delivered by placing it in an…

2Cases cited17 opinions

  1. Hughes v. United StatesSupreme Court of the United States · 1866
  2. Neale v. NealesSupreme Court of the United States · 1870
  3. In re HoweNew York Court of Chancery · 1828
  4. Brown v. PierceSupreme Court of the United States · 1869
  5. Manhattan Life Ins. v. WarwickSupreme Court of Virginia · 1871

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3Cited by20 opinions

  1. Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
  2. Gravelin v. PorierMontana Supreme Court · 1926
  3. Bevington v. BevingtonSupreme Court of Iowa · 1907
  4. Adams v. WhiteSupreme Court of Oklahoma · 1913
  5. Oklahoma State Bank of Wapanucka v. BurnettSupreme Court of Oklahoma · 1917

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