Collins v. Thode
Montana Supreme Court
Appeal from District Court, Cascade County; H. 3. Ewing, Judge. Action for possession of real estate by Lovinia A. Collins against Mary J. Thode. Judgment for plaintiff, and the named defendant appeals. The court invaded the province of the jury in directing what its verdict should be in this case.
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Appeal from District Court, Cascade County; H. 3. Ewing, Judge. Action for possession of real estate by Lovinia A. Collins against Mary J. Thode. Judgment for plaintiff, and the named defendant appeals. The court invaded the province of the jury in directing what its verdict should be in this case. The question as to whether or not defendant had acquired title to the premises in controversy by adverse possession was one for the jury solely. {Bonnes v. Light, 116 N. Y. 34, 22 N. E. 441; Harrison v. Spencer, 90 Mich. 586, 51 N. "W. 642; Murray v. Bomine, 60 Neb. 94, 82 N. W. 318; Hlinois Steel…
1Opinion of the Court
HONORABLE C. C. HURLEY,
Judge of the Seventh Judicial District, sitting in place of the Chief Justice, delivered the opinion of the court.
In this action the plaintiff seeks to recover the possession of lot 3 in block 359 of the town site of Great Falls, which lot plaintiff alleges the defendants possess and are wrongfully withholding from her.
The defendant Mary J. Thode answered, and denied each and every allegation in plaintiff’s complaint, and alleged as an affirmative defense that she has been in possession of the north 110 feet of said lot since April, 1902; that she has held the same…
2Cases cited1 opinion
- Rude v. MarshallMontana Supreme Court · 1917
3Cited by20 opinions
- Ferguson v. StandleyMontana Supreme Court · 1931
- Lowery v. Garfield CountyMontana Supreme Court · 1949
- St. Onge v. BlakelyMontana Supreme Court · 1926
- Renner v. NemitzMontana Supreme Court · 2001
- Le Vasseur v. RoullmanMontana Supreme Court · 1933
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