Muller v. Buyck
Montana Supreme Court
Appeal from. First Judicial District, Lends and Clarice County. Action to cancel a deed and declare a trust. Decree was given for plaintiff by Hunt, J. Statement of facts, prepared opinion. by the judge delivering the r The appeal is from the judgment entered by the trial court, and the assignments of error are predicated on the pleadings and the findings which constitute part of the judgment roll.
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Appeal from. First Judicial District, Lends and Clarice County. Action to cancel a deed and declare a trust. Decree was given for plaintiff by Hunt, J. Statement of facts, prepared opinion. by the judge delivering the r The appeal is from the judgment entered by the trial court, and the assignments of error are predicated on the pleadings and the findings which constitute part of the judgment roll. By this action plaintiff seeks to compel the transfer of the legal title and possession of several parcels of real estate described in the complaint, situate in Lewis and Clarke County, this State,…
1Opinion of the CourtHarwood, J.
Appellant does not attack any of said findings on the ground that the same are not supported by the evidence.
The first point insisted on by appellant’s counsel is that the complaint does not state facts sufficient to constitute a cause of action, in that it is nowhere alleged that all the purchase price, or even that any part thereof, was paid at the time of making the purchase, or prior to that time, or that plaintiff became in any way responsible for such payment.
The allegations of the complaint are that said property “was purchased with the money of this plaintiff, and that defendant at…
2Cases cited1 opinion
- Ducie v. FordSupreme Court of the United States · 1891
3Cited by4 opinions
- Lord v. ReedIllinois Supreme Court · 1912
- In re Ricker's EstateMontana Supreme Court · 1894
- Barker v. Montana Gold, Silver, Platinum & Tellurium Mining Co.Montana Supreme Court · 1907
- Horsky v. MoranMontana Supreme Court · 1893