Love v. Flahive
Montana Supreme Court
Appeal from District Court, Missoula County; F. G. Webster, Judge. Action by Edward H. Love against Annie Flabive and Andrew J. Lansing. From a judgment in favor of defendants, plaintiff appeals. A mistake or error of the Land Department in construing tbe law on account of which the lands of one are given to another entitles the real owner to a decree in equity, treating such other as a trustee, and requiring him to convey to the true owner.
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Appeal from District Court, Missoula County; F. G. Webster, Judge. Action by Edward H. Love against Annie Flabive and Andrew J. Lansing. From a judgment in favor of defendants, plaintiff appeals. A mistake or error of the Land Department in construing tbe law on account of which the lands of one are given to another entitles the real owner to a decree in equity, treating such other as a trustee, and requiring him to convey to the true owner. (Starks v. Starrs, 6 Wall. 402, 18 L. Ed. 925; Lylle v. Arkansas, 22 How. 193, 16 L. Ed. 306; Garland v. Winn, 20 How. 8, 15 L. Ed. 243; Lindsey v.…
1Opinion of the CourtChief Justice Brantly
This action was brought to obtain a decree declaring the defendant, Annie Flahive, trustee for the benefit of the plaintiff of the legal title to the east half of the southeast quarter of section 22, township 20, north of range 26 west, in Missoula county. The defendant Lansing is made a party because he appears of record as a holder of a mortgage upon the property from his codefendant. The debt secured by this mortgage is alleged to have been paid, except a small balance. The district court sustained a general demurrer to the complaint, and, plaintiff declining to amend, entered judgment for…
2Cases cited2 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Small v. RakestrawMontana Supreme Court · 1903
3Cited by3 opinions
- Reagan v. BoydMontana Supreme Court · 1921
- Aronow v. HillMontana Supreme Court · 1930
- Raistakka v. FagerstromMontana Supreme Court · 1922