Legal Opinion

MacGinniss Realty Co. v. Hinderager

Montana Supreme Court

Decided April 17, 1922No. 4,688PublishedCited by 18 opinions

Appeal from District Court, Cascade County; H. H. Ewing, Judge. Action by tbe MacGinniss Realty Company against Elias K. Hinderager and others. Judgment for defendants, and plaintiff appeals.

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Appeal from District Court, Cascade County; H. H. Ewing, Judge. Action by tbe MacGinniss Realty Company against Elias K. Hinderager and others. Judgment for defendants, and plaintiff appeals. After the purchase of the Kester Mid Canyon Ranch by John MacGinniss, its agent, the plaintiff, MacGinniss Realty Company, was the real, true and equitable owner thereof; and the judicial sale purchaser, its assignee, and the defendant took their muniments of interest subject to the prior equity of the plaintiff. (Story v. Black, 5 Mont. 26, 51 Am. Rep. 37, 1 Pac. 1.) In Princeton Mining Co. y. First…

1Opinion of the Court

MR. CHIEF COMMISSIONER STARK

prepared the opinion for the court.

This is an action to quiet title to a certain tract of land embracing 260 acres, known as the Kester Mid Canyon Ranch, located in Cascade county.

In its complaint, plaintiff alleges that at all times since about October 20, 1913, it has been, and at the time of the commencement of the suit was, the real, true, and equitable owner of, and in the actual possession of, the lands involved, but that the record title to said lands during all of this time had been in the name of John MacGinniss, its president and agent; that the…

2Cases cited5 opinions

  1. Story v. BlackMontana Supreme Court · 1883
  2. Eisenberg v. GoldsmithMontana Supreme Court · 1911
  3. Hinderager v. MacGinnissMontana Supreme Court · 1921
  4. Riley v. NanceCalifornia Supreme Court · 1893
  5. Largey v. LeggatMontana Supreme Court · 1904

3Cited by18 opinions

  1. McLaughlin v. CorcoranMontana Supreme Court · 1937
  2. Meagher v. HarringtonMontana Supreme Court · 1927
  3. Kester v. AmonMontana Supreme Court · 1927
  4. Commercial Bank & Trust Co. v. JordanMontana Supreme Court · 1929
  5. Rexburg Lumber Co. v. PurringtonIdaho Supreme Court · 1941

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