Legal Opinion

Parrott v. Hungelburger

Montana Supreme Court

Decided April 15, 1890PublishedCited by 6 opinions

Appeal from Second Judicial District, Deer Lodge County. The cause was tried before De Wolfe, J., without a jury. The District Court erred in refusing to find that the defendant had an equitable title to the premises through her former husband from James Walsh. '{Story v. Black, 5 Mont. 48 ;■ Jones v. Marks, 47 Cal. 243; Bodley v. Ferguson, 30 Cal. 512; Ray v. Birdseye, 5 Denio, 626; Hughes v. United States, 4 Wall. 232.) It was claimed in the court below that the appellant…

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Appeal from Second Judicial District, Deer Lodge County. The cause was tried before De Wolfe, J., without a jury. The District Court erred in refusing to find that the defendant had an equitable title to the premises through her former husband from James Walsh. '{Story v. Black, 5 Mont. 48 ;■ Jones v. Marks, 47 Cal. 243; Bodley v. Ferguson, 30 Cal. 512; Ray v. Birdseye, 5 Denio, 626; Hughes v. United States, 4 Wall. 232.) It was claimed in the court below that the appellant was estopped from denying respondent’s title to the premises, from the fact that her husband had signed the leases set…

1Opinion of the CourtHarwood, J.

This is an action, in the nature of ejectment, to recover possession of a lot of land described in plaintiff’s complaint, situate in the town of Anaconda, Deer Lodge County, Montana.

The questions involved in this appeal were argued and submitted to the territorial Supreme Court at the July term, 1889, and judgment was rendered. At the time of the rendition of the judgment, however, it was suggested by counsel that appellant had died since the submission of the case, and shortly before judgment was rendered. Thereupon the court made an order setting aside the judgment rendered in the Supreme…

2Cases cited5 opinions

  1. Tewksbury v. MagraffCalifornia Supreme Court · 1867
  2. Mason v. WolffCalifornia Supreme Court · 1870
  3. Abbey Homestead Ass'n v. WillardCalifornia Supreme Court · 1874
  4. De Peralta v. GinochioCalifornia Supreme Court · 1874
  5. Holloway v. GalliacCalifornia Supreme Court · 1874

3Cited by6 opinions

  1. Lynch v. PerrymanSupreme Court of Oklahoma · 1911
  2. Parrott v. KaneMontana Supreme Court · 1894
  3. Williams v. NelsonUtah Supreme Court · 1925
  4. Parrott v. McDevittMontana Supreme Court · 1894
  5. Piper v. CashellCourt of Appeals for the Ninth Circuit · 1903

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