Legal Opinion · Concurrence

Van Voast v. Blaine County

Montana Supreme Court

Decided March 19, 1946No. 8588Published

1ConcurrenceJustice Cheadle

I concur in the majority opinion, which is based upon the proposition that the trial courts’ finding that “the said lands were not occupied and the plaintiff was not occupying said lands on April 22, 1939, and thereafter during the time when Blaine County was giving notice of application for Tax Deed thereto ®

In my opinion the action should be dismissed on an additional ground. The cause of action attempted to be stated in the complaint is based upon the supposed right of the plaintiff, as the alleged occupant of the land, to sixty days’ notice of application for tax deed, “and a sixty-day…

2Cases cited4 opinions

  1. State Ex Rel. Federal Land Bank of Spokane v. HaysMontana Supreme Court · 1929
  2. McCarthy v. Union Pac. Ry. Co.Wyoming Supreme Court · 1942
  3. Despard v. PearcyWest Virginia Supreme Court · 1909
  4. Cline v. BaileyWest Virginia Supreme Court · 1919

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