Dolin v. Wachter

In this case the lower court entered judgment that plaintiff take nothing. He appeals from the judgment.

As trial was had upon an agreed statement of facts, we shall not stop to consider questions respecting the form of the action, but shall proceed to determine the ease, so far as may be, upon the merits. (United States Nat. Bank v. Great Western Sugar Co., 60 Mont. 342, 199 Pac. 245.)

It appears the plaintiff purchased mortgaged lands from one Sorenson, which then were in the possession of the defendant, who held the same under a “crop contract” entered into between Sorenson and himself.'…