Uihlein v. Caplice Commercial Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. B. Winston, Judge presiding. Action by August Uibleiu against tbe Capliee Commercial Company. Decree for plaintiff, and defendant appeals. Tbe burden rested upon plaintiff to prove bis title and right to possession. This is the rule in ejectment, and must necessarily be tbe rule in an action of this kind.
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Appeal from District Court, Silver Bow County; Geo. B. Winston, Judge presiding. Action by August Uibleiu against tbe Capliee Commercial Company. Decree for plaintiff, and defendant appeals. Tbe burden rested upon plaintiff to prove bis title and right to possession. This is the rule in ejectment, and must necessarily be tbe rule in an action of this kind. (Willis v. Wozencraft, 22 Cal. 608; Owen v. Fowler, 24 Cal. 193; Owen v. Morton, 24 Cal. 373; 2 Greenleaf’s Evidence, 331.) Tbe defendant, being in possession, there is a presumption in its favor, and this presumption must be overcome by…
1Opinion of the CourtJustice Smith
The complaint in this action alleges that at all times therein mentioned the plaintiff was the owner, and entitled to the possession, of lots 2 and 3, in block 16, of the Noyes and Upton Railroad addition No. 2 to the city of Butte, in Silver Bow county, and that the defendant, a Montana corporation, claims an interest therein adverse to plaintiff. The prayer is that the defendant be required to set forth the nature of its claims; that the plaintiff be decreed to be the owner of the premises, and the defendant adjudged to have no interest therein. Defendant for answer denied all of the…
2Cases cited5 opinions
- Helena Power Transmission Co. v. SprattMontana Supreme Court · 1907
- South Yuba Water & Mining Co. v. RosaCalifornia Supreme Court · 1889
- Directors of Insane Asylum v. WolflyArizona Supreme Court · 1889
- Powder River Cattle Co. v. Commissioners of Custer CountyMontana Supreme Court · 1889
- First Nat. Bank v. WeidenbeckCourt of Appeals for the Eighth Circuit · 1899
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- Greb v. Diamond International Corp.California Supreme Court · 2013
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