Frank v. Symons
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. ■ McClernan, Judge. Action by John G-. Frank against Mrs. Peter Symons, alias Mrs. Basilio Symons. From a judgment for defendant, an order denying Mm a new trial, and an order correcting tbe verdict, plaintiff appeals. Can a person make a valid gift of an estray, without first having obtained title in accordance with the law? We submit not.
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Appeal from District Court, Silver Bow County; John B. ■ McClernan, Judge. Action by John G-. Frank against Mrs. Peter Symons, alias Mrs. Basilio Symons. From a judgment for defendant, an order denying Mm a new trial, and an order correcting tbe verdict, plaintiff appeals. Can a person make a valid gift of an estray, without first having obtained title in accordance with the law? We submit not. It is an essential part of a gift that the donor has the right and ownership of the thing given, or an equitable interest therein. A finder of an estray must follow the Code before acquiring title to…
1Opinion of the CourtJustice Holloway
The plaintiff brought this action in claim and delivery to recover the possession of a mare and yearling colt of the alleged value of $250, and for damages for the wrongful taking and detention of the same by the defendant. The answer denies the allegations of the complaint, except as to the value of the property, which value is admitted to be $250. The answer also alleges that the defendant was at the time of the commencement of the action the owner and entitled to the possession of the property, and prays for a return of the same, and for damages for its detention by the plaintiff from the…
2Cases cited8 opinions
- Hamaker v. BlanchardSupreme Court of Pennsylvania · 1879
- Bowen v. SullivanIndiana Supreme Court · 1878
- Schweitzer v. ConnorWisconsin Supreme Court · 1883
- Johnson v. VisherCalifornia Supreme Court · 1892
- Gallick v. BordeauxMontana Supreme Court · 1904
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3Cited by10 opinions
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- Gilmore v. MulvihillMontana Supreme Court · 1940
- Gallatin County Farmers' Alliance v. FlanneryMontana Supreme Court · 1921
- Jackson v. FrierSupreme Court of South Carolina · 1928
- Hickey v. BreenMontana Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.