Hollensteiner v. Missoula Lumber Co.
Montana Supreme Court
Appeal from District Court, Missoula County; F. C. Webster, Judge. Action by August Hollensteiner against the Missoula Lumber Company. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. A fee simple title is presumed to pass by a grant of real property, unless it appears from tbe grant tbat a lesser estate was intended. (Civ. Code, sec. 1511; Collins v. McKay, 36 Mont. 123, 122 Am.
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Appeal from District Court, Missoula County; F. C. Webster, Judge. Action by August Hollensteiner against the Missoula Lumber Company. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. A fee simple title is presumed to pass by a grant of real property, unless it appears from tbe grant tbat a lesser estate was intended. (Civ. Code, sec. 1511; Collins v. McKay, 36 Mont. 123, 122 Am. St. Rep. 334, 92 Pac. 295, 297; Wetsstein v. Lar gey, 27 Mont. 212, 70 Pac. 717.) A grant is interpreted in favor of tbe grantee, except tbat a reservation in any grant…
1Opinion of the CourtJustice Holloway
This is an action to quiet title to certain lands in Missoula•county. The plaintiff alleges in his eomplaint that he is the-owner in fee of the lands described; that the defendant company-claims some interest in the same but that such claim is without, right. The prayer is that the defendant be required to set forth the nature of its claim, and that the same be adjudged null and void. The answer sets forth affirmatively that on December 28, 1901, the plaintiff and his wife, for a valuable consideration conveyed by deed to Edward Donlan all pine, fir, and tamarack timber over eight inches in…
2Cases cited5 opinions
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Williams v. FloodMichigan Supreme Court · 1886
- King v. MerrimanSupreme Court of Minnesota · 1887
- Webber v. ProctorSupreme Judicial Court of Maine · 1896
- Howard v. LincolnSupreme Judicial Court of Maine · 1836
3Cited by10 opinions
- Osius v. BartonSupreme Court of Florida · 1933
- Osius v. BartonSupreme Court of Florida · 1933
- Henningsen v. StrombergMontana Supreme Court · 1950
- Donlan v. ArnoldMontana Supreme Court · 1914
- McCafferty v. YoungMontana Supreme Court · 1964
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