Alexander v. State

HONORABLE R. V. BOTTOMLY, District Judge,

sitting in place of Mr. Justice Castles, dissenting.

The facts of this case stand as an appalling example of the *111extreme abuse of the powers of the State of Montana, and the dismal failure of justice to one of its citizens.

Article III, § 14 of the Montana Constitution requires the State of Montana to first pay or tender into court for an owner of property, its value prior to the taking. The State of Montana instead,, on or about the 1st day of June, 1960, after plaintiff had been fraudulently done out of his right to buy real property, went upon the…