Kennedy v. Dickie
Montana Supreme Court
Appeal from District Court, Yellowstone County; C. H. Loud, Judge, Action by Catherine Kennedy, administratrix of the estate of Edward B. Kennedy, deceased, against "William Dickie. From a judgment in favor of defendant, plaintiff appeals.
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Appeal from District Court, Yellowstone County; C. H. Loud, Judge, Action by Catherine Kennedy, administratrix of the estate of Edward B. Kennedy, deceased, against "William Dickie. From a judgment in favor of defendant, plaintiff appeals. When the government has parted with title to lands, and the party to whom it is awarded obtains the same against the rights of another by fraud and imposition, or where the officers of the Land Department when passing upon the rights of individuals to government land misconstrue the law applicable to the controversy, or misapply the law to the facts as…
1Opinion of the CourtChief Justice Brantly
Ejectment. The purpose of the action is to recover the possession of the northwest quarter of the northwest quarter of section 35, and lot 5 of section 34, township 1 north of range 26 east of the principal meridian of Montana, situate in Yellowstone county.
*210The complaint is in the ordinary form, alleging' title and right of possession in plaintiff and ouster by the defendant. After the action was commenced the plaintiff, E. B. Kennedy, died. The present plaintiff, his widow, was thereupon substituted as plaintiff in his stead. The answer admits that the said Kennedy was prior to his death…
2Cases cited19 opinions
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- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Pico v. CohnCalifornia Supreme Court · 1891
- Shepley v. CowanSupreme Court of the United States · 1876
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3Cited by13 opinions
- Clark v. ClarkMontana Supreme Court · 1922
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- State Ex Rel. United States Fidelity & Guaranty Co. v. District CourtMontana Supreme Court · 1926
- Deich v. DeichMontana Supreme Court · 1958
- Meyer v. LemleyMontana Supreme Court · 1929
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