Legal Opinion

Bode v. Rollwitz

Montana Supreme Court

Decided July 1, 1921No. 4,343PublishedCited by 23 opinions

Appeal from, District Court, Yellowstone County; Charles A. Taylor, Judge. Action by Lydia Belle Bode against Adolph Rollwitz and another. Judgment for defendants, and plaintiff appeals. “When an irregular tract or lot of land abuts upon a stream of water, and a meander line is run ostensibly along this shore line for the purpose of fixing the area of such tract, the real boundary of the tract is the shore line and not the meander line.”

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Appeal from, District Court, Yellowstone County; Charles A. Taylor, Judge. Action by Lydia Belle Bode against Adolph Rollwitz and another. Judgment for defendants, and plaintiff appeals. “When an irregular tract or lot of land abuts upon a stream of water, and a meander line is run ostensibly along this shore line for the purpose of fixing the area of such tract, the real boundary of the tract is the shore line and not the meander line.” (Eeald v. Yumisko et al., 7 N. D. 422, 75 N. W. 806; Johnson v. Johnson, 14 Idaho, 561, 24 L. R. A. (n. s.) 1240, 95 Pac. 499.) The meander line run along or…

1Opinion of the Court

Opinion

2Per curiam

This cause arose out of a controversy between the plaintiff and defendants over the title and the right to the possession of an irregular tract of land situated in Yellowstone county, south of and adjacent to the homestead of plaintiff. The homestead is described as the north half of the southeast quarter and lots 1 and 2 of section 14 in township 2 south of range 24 east of the Montana principal meridian. The adjoined diagram, re*486duced copy of one made by a United States surveyor, at the time the disputed area was surveyed in April, 1916, illustrates the subject of the controversy.

The…

3Cases cited29 opinions

  1. Hardin v. JordanSupreme Court of the United States · 1891
  2. Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
  3. St. Louis v. RutzSupreme Court of the United States · 1891
  4. Scott v. LattigSupreme Court of the United States · 1913
  5. Horne v. SmithSupreme Court of the United States · 1895

24 more not listed; retrieve them via the Exa API.

4Cited by23 opinions

  1. Federal Surety Co. v. Basin Construction Co.Montana Supreme Court · 1931
  2. Omaha Indian Tribe v. WilsonCourt of Appeals for the Eighth Circuit · 1978
  3. Smith v. WhitneyMontana Supreme Court · 1937
  4. PPL MONTANA, LLC v. StateMontana Supreme Court · 2010
  5. Conran v. GirvinSupreme Court of Missouri · 1960

18 more not listed; retrieve them via the Exa API.

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