Moore v. Northern Pacific Railroad
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin Cou/nty. Action to recover purchase price of land on failure of title. Judgment, on the pleadings, was rendered for tbe plaintiff below by Armstrong, J.
1Opinion of the CourtPemberton, C. J.
Precisely the same facts are involved in this case as were involved in the case of Colburn v. Northern Pacific Railroad Co., 13 Mont. 476. The same issues are presented as in that case. Upon the authority of that case the district court rendered judgment in this case on the pleadings in favor of the plaintiff, and from that judgment the defendant appeals.
In Colburn v. Northern Pacific Railroad Co., supra, this court said : ‘1 The decision of the secretary of the interior that certain land was not included within a grant to the defendant corporation is conclusive until reversed in a direct…
Also in this document: Concurrence.
2Cases cited2 opinions
- Colburn v. Northern Pacific RailroadMontana Supreme Court · 1893
- Northern Pac. R. Co. v. McCormickCourt of Appeals for the Ninth Circuit · 1896
3Cited by2 opinions
- Kennedy v. DickieMontana Supreme Court · 1906
- Small v. RakestrawMontana Supreme Court · 1903