Power v. Burd
Montana Supreme Court
Appeal from Eleventh Judicial District, Teton County. Action to reform deed. The cause was tried before Du Bose, J., without a jury. Plaintiffs had' judgment below. Statement of the case by the justice delivering the opinion. This is an action to reform a conveyance to certain real estate.
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Appeal from Eleventh Judicial District, Teton County. Action to reform deed. The cause was tried before Du Bose, J., without a jury. Plaintiffs had' judgment below. Statement of the case by the justice delivering the opinion. This is an action to reform a conveyance to certain real estate. From the record it appears that on the 20th day of May, 1890, a judgment was entered in the district court of Choteau county in favor of these plaintiffs and against defendant Julian F. Burd and others, foreclosing a mortgage executed theretofore by Julian F. Burd and wife on certain real estate for the sum…
1Opinion of the CourtPembertoN, C. J.
The mistake in the description of the land in the deed from Turner to Samuel Burd is admitted. It is conceded that Samuel Burd held the land in trust for Julian F. Burd. Both parties to this appeal ask that the deed be reformed. The plaintiffs ask that after the reformation of the deed the title thereto be decreed to be in them, while the defendant Julian F. Burd asks that he be decreed the title thereto as a homestead.
We think the only question of any materiality or merit involved in this appeal is as to whether defendant Julian F. Burd is entitled to have the land in controversy adjudged to…
2Cases cited15 opinions
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3Cited by2 opinions
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