Nicholson v. Nicholson
Montana Supreme Court
Appeal from District Court, Ravalli County; James M. Self, 'Judge. Action by Robert Nicholson against Adalaide Nicholson, as administratrix of the estate of William Nicholson, deceased, and others. From a decree for plaintiff, defendant Ida Owens appeals. The complaint does not state facts sufficient to constitute a cause of action to quiet title.
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Appeal from District Court, Ravalli County; James M. Self, 'Judge. Action by Robert Nicholson against Adalaide Nicholson, as administratrix of the estate of William Nicholson, deceased, and others. From a decree for plaintiff, defendant Ida Owens appeals. The complaint does not state facts sufficient to constitute a cause of action to quiet title. It is elementary that one who sues to quiet title must prevail, if at all, on the strength of his own case rather than on the weakness of his adversary. (Bergeson v. Tubbs, 54 Mont. 557, 172 Pae. 326; Ziska v. Avery (CM.), 122 Pae. 722.) To state a…
1Opinion of the Court
MR. COMMISSIONER BENNETT
prepared the opinion for the court.
Plaintiff, Robert Nicholson, commenced this action against Adalaide Nicholson personally, and as administratrix of the estate of William Nicholson, deceased, and Ida Owens. The complaint is as follows:
“Plaintiff complains of the defendants and for cause of action herein alleges:
“I. That William Nicholson died in the county of Ravalli, state of Montana, on or about the 13th day of June, 1920; *519being at the time of his death a resident of said county and state.
“II. That thereafter, and on, or about the 22d day of June, 1920, Adalaide…
2Cases cited5 opinions
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Violet v. MartinMontana Supreme Court · 1922
- Pollock Mining & Milling Co. v. DavenportMontana Supreme Court · 1904
- Boucher v. BarsalouMontana Supreme Court · 1901
- Jacobson v. RomanMontana Supreme Court · 1920
3Cited by3 opinions
- Pulvermann v. CommissionerUnited States Tax Court · 1958
- Kulesza v. KaliszAppellate Court of Illinois · 1943
- Pulvermann v. CommissionerUnited States Tax Court · 1958