Bozdech v. Montana Ranches Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; W. E. Poorman, Judge. Action by George Bozdech. and another against the Montana Ranches Company. Judgment for plaintiffs and defendant appeals. The contract by its terms excepted from the conveyance the easement for the maintenance of the poles upon the lands according to the terms of the recorded grant.
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Appeal from District Court, Lewis and Clark County; W. E. Poorman, Judge. Action by George Bozdech. and another against the Montana Ranches Company. Judgment for plaintiffs and defendant appeals. The contract by its terms excepted from the conveyance the easement for the maintenance of the poles upon the lands according to the terms of the recorded grant. The existence upon the ground of this open, notorious and public nonremovable servitude is not an “encumbrance” within the meaning of section 6875 of the Revised Codes of-1921. (Ferguson v. Edgar, 178 Cal. 17, 171 Pac. 1061; Sisk v.…
1Opinion of the Court
MR. CHIEF COMMISSIONER FELT
prepared the opinion for the court.
On December 4, 1915, the parties to this action entered into a contract in writing for the sale of a certain tract of real estate in Lewis and Clark county, Montana. In consideration of the sum of $12,000 to. be paid in the manner provided in said contract the defendant agreed to sell and convey to the plaintiffs by good and sufficient warranty deed the lands and premises therein described, together with an undivided one-fourth interest in a certain ditch right and water right described therein. The contract contained several…
2Cases cited10 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Memmert v. McKeenSupreme Court of Pennsylvania · 1886
- Marshall v. GilsterIdaho Supreme Court · 1921
- Schurger v. MoormanIdaho Supreme Court · 1911
- Ferguson v. EdgarCalifornia Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Silfvast v. AsplundMontana Supreme Court · 1933
- Adams v. CheneyMontana Supreme Court · 1983
- Bailey v. KuidaArizona Supreme Court · 1950
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