Manhattan Malting Co. v. Sweteland
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Ejectment. The cause was tried before Armstrong, ,T. Plaintiff had judgment below. The court erred in permitting the reading from the records of deeds by the witness "Vaill, and in allowing the certified copies to be filed, as the testimony showed the originals to be in. the possession of the plaintiff at the time of trial.
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Appeal from Ninth Judicial District, Gallatin County. Ejectment. The cause was tried before Armstrong, ,T. Plaintiff had judgment below. The court erred in permitting the reading from the records of deeds by the witness "Vaill, and in allowing the certified copies to be filed, as the testimony showed the originals to be in. the possession of the plaintiff at the time of trial. A copy of the record of any conveyance of real estate or the record itself cauuot be used as evidence without proof of the loss of the original, or that it is not within the power of the party wishing to use the same.…
1Opinion of the CourtPemberton, C. J.
This is a suit in ejectment, wherein plaintiff seeks to recover possession of lot 8, in block 20, of the town of Manhattan, in Gallatin county, and for the rents and damages for the wrongful withholding of the possession thereof by defendant. Defendant, in his answer, denies the material allegations of the complaint, and sets up an alleged equitable title to the property in dispute. Judgment was rendered in favor of the plaintiff. Defendant moved for new trial, which was refused. This appeal is from the judgment and.order refusing a new trial.
In the trial of the case, the court permitted the…
2Cases cited6 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Younge v. GuilbeauSupreme Court of the United States · 1866
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- McKinstry v. Clark & CameronMontana Supreme Court · 1882
- Flick v. Gold Hill & Lee Mountain Mining Co.Montana Supreme Court · 1889
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3Cited by2 opinions
- State Ex Rel. Alderson v. HolbertWest Virginia Supreme Court · 1953
- Swanson v. StateMontana Supreme Court · 2000