Peter v. Stephens
Montana Supreme Court
Appeal from, Fourth Judicial District, Missoula Comity. Action of ejectment. Defendant’s demurrer to the complaint was sustained by Marshall, J. It appears from plaintiff’s complaint that he entered into possession of the lot of land described in said complaint, having legal title thereto, and the general rule is that if a person so enters into his lands his seisin is not bounded by his actual occupancy, but is held to be co-extensive with his title, and as it appears from…
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Appeal from, Fourth Judicial District, Missoula Comity. Action of ejectment. Defendant’s demurrer to the complaint was sustained by Marshall, J. It appears from plaintiff’s complaint that he entered into possession of the lot of land described in said complaint, having legal title thereto, and the general rule is that if a person so enters into his lands his seisin is not bounded by his actual occupancy, but is held to be co-extensive with his title, and as it appears from the face of the complaint that plaintiff from the date of the beginning of his ownership of said lot of land to the time…
1Opinion of the CourtBlake, C. J.
The appellant filed August 13, 1890, his complaint in the court below, and alleged “ that on the second day of April, A. D. 1885, the said plaintiff became, and ever since said date has been, and now is, the owner and seised in fee, and entitled to the possession of all that certain lot of land [description]; that while the plaintiff was such owner, and so seised and possessed, and entitled to the possession of said land and premises, the defendant did, on the day and year aforesaid, wrongfully and unlawfully enter into and upon the following part and portion of said lot of land, viz.…
2Cases cited10 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Harvey v. TylerSupreme Court of the United States · 1865
- Unger v. MooneyCalifornia Supreme Court · 1883
- Lamme v. DodsonMontana Supreme Court · 1883
- Sharp v. DaugneyCalifornia Supreme Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rude v. MarshallMontana Supreme Court · 1917
- Bower v. KollmeyerIdaho Supreme Court · 1918
- Miner v. CookMontana Supreme Court · 1930
- Price v. HallIndiana Supreme Court · 1895
- Luloff v. BlackburnMontana Supreme Court · 1995
1 more not listed; retrieve them via the Exa API.