R. M. Cobban Realty Co. v. Donlan
Montana Supreme Court
Appeal from. District Court, Missoula County; J. E. Patterson, Judge. Action by tbe R. M. Cobban Realty Company against Edward Donlan and others. Judgment for defendants and plaintiff appeals. It is conceded that it would be possible for the parties to have created the kind of an estate in this timber which respondents assume was created.
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Appeal from. District Court, Missoula County; J. E. Patterson, Judge. Action by tbe R. M. Cobban Realty Company against Edward Donlan and others. Judgment for defendants and plaintiff appeals. It is conceded that it would be possible for the parties to have created the kind of an estate in this timber which respondents assume was created. Such an intention, however, would be so contrary to ordinary wisdom on the part of the grantor and the consequences of such a construction of these deeds so harsh and unusual, rendering, as it would, the land useless for any purpose inconsistent with the…
1Opinion of the CourtJustice Sanner
The complaint herein shows: That James J. McGrath, the owner of two certain tracts of land situate in Missoula county, *61together with the timber thereon, executed separate deeds to Edward Donlan, as follows: One dated November 16, 1901, which we shall call deed A, and the other on December 21, 1901, which we shall call deed B. Deed A recites that McGrath, in consideration, of $1,000, the receipt whereof is acknowledged, “has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell and convey, unto the said party of the second part and to his heirs and assigns…
2Cases cited36 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Peterson v. GibbsCalifornia Supreme Court · 1905
- Kincaid v. McGowanCourt of Appeals of Kentucky · 1887
- Lodwick Lumber Co. v. TaylorTexas Supreme Court · 1906
- Clap v. DraperMassachusetts Supreme Judicial Court · 1808
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- Musselshell Valley Farming & Livestock Co. v. CooleyMontana Supreme Court · 1929
- Burlingame v. MarjerrisonMontana Supreme Court · 1983
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