Sullivan v. Dunphy
Montana Supreme Court
Appeal from Third District, Lewis and Clarke County. This was an action of .ejectment to recover the possession of lot 8, in block 30, in the Helena town site, county of Lewis and Clarke, and also to recover the rents and profits thereof. The plaintiff in her complaint avers that she is the owner of the said lot and entitled to the possession thereof, and that in October, A. D. 1877, the defendant ousted her from the possession thereof.
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Appeal from Third District, Lewis and Clarke County. This was an action of .ejectment to recover the possession of lot 8, in block 30, in the Helena town site, county of Lewis and Clarke, and also to recover the rents and profits thereof. The plaintiff in her complaint avers that she is the owner of the said lot and entitled to the possession thereof, and that in October, A. D. 1877, the defendant ousted her from the possession thereof. The defendant by his answer avers that he is the owner thereof and in the possession, and entitled to the possession, of said lot; also pleads the statute of…
1Opinion of the CourtGalbraith, J.
This is an action of ejectment to recover the possession of a lot in the city of Helena.
The trial was by jury. Issue was joined upon the question of title in the plaintiff from the United States, through the probate judge as trustee, etc., and other intervening conveyances; upon questions of title in the defendant from the same source also, through intermediate conveyances; upon the question of quiet, lawful and exclusive possession by the plaintiff and her predecessors in interest for a period longer than that prescribed by the statute of limitations then in force, although the statute…
2Cases cited1 opinion
- Gillespie v. JonesCalifornia Supreme Court · 1874
3Cited by4 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Becker v. Board of CommissionersMontana Supreme Court · 1892
- Flathead Lumber Corp. v. EverettMontana Supreme Court · 1953
- Flathead Lumber Corp. v. EverettMontana Supreme Court · 1953