Ming v. Foote
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. The action was tried before Blake, C. J., without a jury. In ejectment, after pleading general issues, defendant need not set up title in himself.
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Appeal from First Judicial District, Lewis and Clarice County. The action was tried before Blake, C. J., without a jury. In ejectment, after pleading general issues, defendant need not set up title in himself. (Bruck v. Tucker, 42 Cal. 346.) It devolves upon one who depends for title upon a town-site trustee’s deed, to show by affirmative proof that all of the prerequisites for obtaining or granting a deed have been complied with, especially in case where the deed does not show upon its face, or the records do not show, that the town-site laws, rules, and regulations made by the legislature,…
1Opinion of the CourtDe Witt, J.
This action is in the nature of ejectment. The respondent, as executrix of the estate of John H. Ming, deceased, seeks to recover from appellant lots 1, 2, and 3, in block 417, of the town site of the city of Helena, alleging title *207in herself, and ouster by the appellant. Appellant’s answer admits that he is in possession of the premises demanded, and alleges title in himself, which title he seeks to establish as hereinafter treated of. The action was tried before the court without a jury. Findings of fact and conclusions of law were made and filed by the court, and judgment thereon entered…
Also in this document: Concurrence.
2Cases cited13 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Davis v. DavisCalifornia Supreme Court · 1864
- Lestrade v. BarthCalifornia Supreme Court · 1862
- Lamme v. DodsonMontana Supreme Court · 1883
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3Cited by8 opinions
- City of Socorro v. CookNew Mexico Supreme Court · 1918
- Pittsmont Copper Co. v. VaninaMontana Supreme Court · 1924
- Tucker v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1895
- Johnston v. SmithArizona Supreme Court · 1931
- Helland v. Custer CountyMontana Supreme Court · 1953
3 more not listed; retrieve them via the Exa API.