Tracy v. Harmon
Montana Supreme Court
Appeal from, Ninth Judicial District, Gallatin County. Ejectment. The cause was tried before Armstrong, J. Defendant had judgment below. The description in the complaint is so defective as to be void for uncertainty.
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Appeal from, Ninth Judicial District, Gallatin County. Ejectment. The cause was tried before Armstrong, J. Defendant had judgment below. The description in the complaint is so defective as to be void for uncertainty. (Hammond v. Stoy, 85 Ind. 457; Lenniger v. Wenwick, 98 Ind. 596; Gig os v. Cochran, 54 Ind. 593; Servible v. Neighbert, 41 Ind. 344; Leary v. La/ngsdale, 35 Ind. 74; Crosby v. Dowd, 61 Cal. 557; Northern Railwa/y Company v. Jordan, 87 Cal. 23; Jolly v. Qhering, 40 Ind. 139.) If a complaint describes land so imperfectly, that the description is void for uncertainty, the complaint…
1Opinion of the CourtPemberton, C. J.
This is an action in ejectment, brought by plaintiff to recover possession of certain town lots or parcels of land, situated in the city of Bozeman, Gallatin county. The complaint is substantially such as is ordinarily used in such actions. The answer- denies specifically the allegations of the complaint, and also sets up an affirmative defense, which is denied by the replication. It will not be necessary to treat the questions involved in the affirmative defense. The case was tried to a jury, who made and returned special findings of fact, and a general verdict in favor of the defendant.…
Also in this document: Concurrence.
2Cases cited2 opinions
- Foster v. WilsonMontana Supreme Court · 1883
- Haggin v. LorenzMontana Supreme Court · 1895
3Cited by9 opinions
- Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
- Shober v. BlackfordMontana Supreme Court · 1912
- Cole v. Helena Light & Railway Co.Montana Supreme Court · 1914
- United States Fidelity & Guaranty Co. v. WhittakerCourt of Appeals for the Ninth Circuit · 1925
- Weidlich v. Independent Asphalt Paving Co.Washington Supreme Court · 1917
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