McMillan v. Davenport
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Elma P. McMillan, executrix of A. A. McMillan, deceased, and another, against Lee Davenport. From a judgment for defendant, and an order denying a new trial, plaintiffs appeal. This is a statutory action to quiet title.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Elma P. McMillan, executrix of A. A. McMillan, deceased, and another, against Lee Davenport. From a judgment for defendant, and an order denying a new trial, plaintiffs appeal. This is a statutory action to quiet title. The plaintiffs set forth fully in the complaint the facts upon which their title to the premises in controversy is based, and allege that defendants make some claim to the said property adverse to them. They pray that defendants be required to set forth fully any claim that they make to said…
1Opinion of the CourtChief Justice Bbantly
The chief contention made by counsel for plaintiffs is that the findings do not support the judgment. The evidence is voluminous. Most of it is not relevant to the issues presented by the pleadings. Indeed, the facts necessary to a decision of the fundamental question involved are not controverted. We shall therefore state briefly what these facts are, and proceed to a solution of the legal question which arises upon them.
The patent to the land in controversy was issued to Bobert Lacey on March 9, 1896. He and his wife had theretofore conveyed to John B. King by quitclaim deed dated December…
2Cases cited12 opinions
- Massingill v. DownsSupreme Court of the United States · 1849
- United States v. MorrisonSupreme Court of the United States · 1830
- Hutcheson v. GrubbsSupreme Court of Virginia · 1885
- Smith v. InglesOregon Supreme Court · 1862
- In re Estes & CarterDistrict Court, D. Oregon · 1880
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