Wetzstein v. Largey
Montana Supreme Court
Appeal from District Court, Silver Bow County j John Lindsay, Judge. ActioN by Aclolpb Wetzstein against P. A. Largey and others. Prom a judgment in favor of defendants, and from an order denying a new trial, plaintiff appeals. Whenever a person, without the consent of the owner, receives a legal title which he seeks to withhold, he is guilty of sufficient fraud to constitute himself a trastee of such title for the owner. (Turner v. Sawyer, 150 IT.
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Appeal from District Court, Silver Bow County j John Lindsay, Judge. ActioN by Aclolpb Wetzstein against P. A. Largey and others. Prom a judgment in favor of defendants, and from an order denying a new trial, plaintiff appeals. Whenever a person, without the consent of the owner, receives a legal title which he seeks to withhold, he is guilty of sufficient fraud to constitute himself a trastee of such title for the owner. (Turner v. Sawyer, 150 IT. S. 518; Brundy v. Mayfield, 15 Mont. 201.) A consideration of the elements of an estoppel in pais will indicate a necessity for strictness in two…
1Opinion of the CourtChief Justice Brantly
This action was brought to obtain a decree declaring the defendants trustees of the legal title, for the use and benefit of the plaintiff, to an undivided one-fourth interest in the Comanche *218lode claim (patented), situate in Silver Bow county, and directing them' to execute and deliver to tbe plaintiff a conveyance thereof. Tbe plaintiff sues as tbe grantee, by a mesne conveyance, of one David N. Dpton, wbo, it is alleged, located tbe claim in connection with one N. L. Turner in 1879; thus be1coming tbe owner of an undivided one-balf interest therein. He alleges in bis complaint that the said…
2Cases cited9 opinions
- Upton v. LarkinMontana Supreme Court · 1888
- Larkin v. UptonSupreme Court of the United States · 1892
- Power v. LenoirMontana Supreme Court · 1899
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- Butte Hardware Co. v. FrankMontana Supreme Court · 1901
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3Cited by18 opinions
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- Whitney v. DeweyIdaho Supreme Court · 1905
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