Montana Improvement Co. v. Colter
Montana Supreme Court
Appeal from District Court, Silver Bow County. Appellant contends that the defendant, George A. Colter, had an estate by marital right in the property upon which the lien would attach, and to that extent the appellant was entitled to a foreclosure of the lien.
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Appeal from District Court, Silver Bow County. Appellant contends that the defendant, George A. Colter, had an estate by marital right in the property upon which the lien would attach, and to that extent the appellant was entitled to a foreclosure of the lien. This estate was such that if there was no issue of the marriage of the defendant and the intervenor, then it would be an estate of the husband during the life of the wife; but if there should be issue of the marriage, then the estate of the husband would become an estate by the curtesy for life, and the husband would be entitled to the…
1Opinion of the CourtBach, J.
This is an action brought by plaintiff te foreclose a lien upon certain property in Butte City, foj; *543lumber and material sold and delivered by the plaintiff to the defendant, George H. Colter. The premises upon which the buildings were erected are, and were at the time of the construction of the same, the property of Jane A. Colter, the wife of the defendant. George H. Colter made default in the action, and Jane A. Colter asked leave to intervene, and defend the suit; and her petition in intervention shows that she is the owner of the property upon which it is sought to enforce the lien. The…
2Cases cited2 opinions
- Griswold v. BoleyMontana Supreme Court · 1872
- Herman v. JeffriesMontana Supreme Court · 1883
3Cited by1 opinion
- Allen v. RoushMontana Supreme Court · 1895