Mannix v. Powell County
Montana Supreme Court
Appeals from District Court, Powell County; George B. Winston, Judge. Action bry C. N. Mannix against Powell County. From a judgment dismissing the complaint, and from an order denying a new trial, plaintiff appeals.
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Appeals from District Court, Powell County; George B. Winston, Judge. Action bry C. N. Mannix against Powell County. From a judgment dismissing the complaint, and from an order denying a new trial, plaintiff appeals. Citing: Castro v. Barry, 79 Cal. 443, 21 Pac. 946; Kittle v. Bellegarde, 86 Cal. 556, 25 Pac. 55. An action to quiet title is either for the purpose of removing a cloud on the title, that is, to remove or cancel some instrument of record that is affecting the title, or where there is a continued assertion of defeated title. There is no claim of any cloud upon the plaintiff’s…
1Opinion of the CourtJustice Holloway
The plaintiff claims to be the owner of two irrigating ditches and a right of way for each, between Avon and Helmville, in Powell county. The defendant county claims certain portions of each of the same ditches and rights of way, for public highway purposes, and in the improvement of its highway between the towns mentioned has occupied and is using the portions claimed by it. This action was instituted, and, after issues joined and a trial had, the district court dismissed the complaint and rendered judgment for defendant’s costs. From the judgment, and from an order denying a new trial,…
2Cases cited7 opinions
- Smith v. DenniffMontana Supreme Court · 1900
- German-American Sav. Bank v. GollmerCalifornia Supreme Court · 1909
- McDonnell v. HuffineMontana Supreme Court · 1912
- Landregan v. PeppinCalifornia Supreme Court · 1892
- Davidson v. NicholsonIndiana Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- City of Missoula v. MixMontana Supreme Court · 1950
- Newton v. WeilerMontana Supreme Court · 1930
- Hochsprung v. StevensonMontana Supreme Court · 1928
- Walton v. City of BozemanMontana Supreme Court · 1978
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