Legal Opinion · Dissent

Flathead Lumber Corp. v. Everett

Montana Supreme Court

Decided November 20, 1953No. 9208Published

1DissentChief Justice Adair

This is a suit in equity brought by plaintiffs to quiet title to 160 acres of particularly described land.

Judgment on the pleadings was entered on motion of the defendants and plaintiffs have appealed.

There are only two specifications of error. Each presents a question of pleading. That the issue involved be better understood, plaintiffs’ amended complaint and defendants’ answer thereto, other than the formal parts thereof, are here set forth in full.

Amended Complaint. On September 4, 1951, plaintiffs filed an amended complaint, as follows:

“Amended Complaint
“Plaintiffs complain and allege, by…

2Cases cited42 opinions

  1. Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
  2. Power v. BowdleNorth Dakota Supreme Court · 1893
  3. Raymond v. BlancgrassMontana Supreme Court · 1908
  4. Crawford v. PierseMontana Supreme Court · 1919
  5. Chicago & Great Western Railroad Land Co. v. PeckIllinois Supreme Court · 1885

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