Legal Opinion

Blackfoot Land Development Co. v. Burks

Montana Supreme Court

Decided July 1, 1921No. 4,403PublishedCited by 13 opinions

Appeal from District Court, Missoula County; Theodore Lentz, Judge. Action by the Blaekfoot Land Development Company, a corporation, against W. C. Burks. Judgment for plaintiff and defendant appeals. The case at bar is in ejectment, purely a law aetion and the issues made by the pleadings are purely legal issues, and no equitable principles are invoked and none are shown by the record to exist.

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Appeal from District Court, Missoula County; Theodore Lentz, Judge. Action by the Blaekfoot Land Development Company, a corporation, against W. C. Burks. Judgment for plaintiff and defendant appeals. The case at bar is in ejectment, purely a law aetion and the issues made by the pleadings are purely legal issues, and no equitable principles are invoked and none are shown by the record to exist. The defendant was, therefore, entitled to a jury trial of the issues of fact made by the pleadings as a matter of right, and the above findings of the jury are binding and conclusive on the court. (15…

1Opinion of the Court

MR. CHIEF COMMISSIONER POORMAN

prepared the opinion for the court.

Appeals by defendant from a judgment entered in favor of plaintiff and from an order of the court overruling defendant’s motion for a new trial.

The action is in ejectment. The complaint contains the usual allegations in such actions. In his answer the defendant admits the corporate capacity of the plaintiff and puts in issue all the other material averments of the complaint and alleges as a first separate and specific defense that the plaintiff is not the real party in interest, and as a second separate and specific defense…

2Cases cited6 opinions

  1. Hicklin v. McClearOregon Supreme Court · 1889
  2. Chessman v. HaleMontana Supreme Court · 1905
  3. Lamme v. DodsonMontana Supreme Court · 1883
  4. Morrison v. LinnMontana Supreme Court · 1915
  5. Rude v. MarshallMontana Supreme Court · 1917

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

3Cited by13 opinions

  1. Ferguson v. StandleyMontana Supreme Court · 1931
  2. Blasdel v. Montana Power Co.Montana Supreme Court · 1982
  3. Albert v. HastetterMontana Supreme Court · 2002
  4. Le Vasseur v. RoullmanMontana Supreme Court · 1933
  5. Stetson v. YoungquistMontana Supreme Court · 1926

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

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