Kersten v. Coleman
Montana Supreme Court
Appeal from District Court, Missoula County; John E. Patterson, Judge. Action by Rudolph. F. Kersten against Charles B. Coleman. Judgment by default for plaintiff, and defendant appeals from it and an order refusing to set it aside. Cause submitted on briefs of counsel.
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Appeal from District Court, Missoula County; John E. Patterson, Judge. Action by Rudolph. F. Kersten against Charles B. Coleman. Judgment by default for plaintiff, and defendant appeals from it and an order refusing to set it aside. Cause submitted on briefs of counsel. The plaintiff is not the real party in interest, as he shows by the allegations of his complaint that he is not the owner or in the possession -of the land mentioned and described in his complaint, or of any part thereof, and not being the real party in interest, therefore he should not maintain this action. “In suits to quiet…
1Opinion of the Court
MB. JUSTICE' HOLLOWAY
delivered the opinion of the court.
In September, 1911, B. F. Kersten became the owner of certain real estate in Missoula county. In June preceding, his predecessor had executed and delivered to C. E. Coleman a mortgage upon the same property, but the mortgage was not placed on record until April, 1912. Kersten sold the property to the W. H. Smead Company, and executed and delivered a deed containing a covenant of warranty against encumbrances (except a mortgage placed thereon by himself). After the transfer to the Smead Company, Kersten commenced this suit to have the…
2Cases cited5 opinions
- Bowen v. WebbMontana Supreme Court · 1906
- Scilley v. BabcockMontana Supreme Court · 1909
- Pearce v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Swilling v. Cottonwood Land Co.Montana Supreme Court · 1911
- Gifford v. WorkmanSupreme Court of Iowa · 1863
3Cited by12 opinions
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- Abell v. BishopMontana Supreme Court · 1930
- McNamer Realty Co. v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
- Robinson v. PetersenMontana Supreme Court · 1922
- Middle States Oil Corp. v. Tanner-Jones Drilling Co.Montana Supreme Court · 1925
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