Lee v. Watson
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Dependant’s motion to dissolve the injunction was denied by ARMSTRONG, J. Statement of the case by the justice delivering the opinion: Appeal from an order overruling a motion to dissolve an injunction issued upon the application of plaintiffs.
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Appeal from Ninth Judicial District, Gallatin County. Dependant’s motion to dissolve the injunction was denied by ARMSTRONG, J. Statement of the case by the justice delivering the opinion: Appeal from an order overruling a motion to dissolve an injunction issued upon the application of plaintiffs. Plaintiffs, by complaint filed August 15, 1892, allege: I. That on or about September 5, 1890, plaintiff Lee filed his application for a certain tract of land in Gallatin county, Montana, under the Timber Culture Act of the United States land laws; that said filing was accepted, and plaintiff paid…
1Opinion of the CourtHunt, J.
— The plaintiff, Lee, pleads both ownership and possession. To support the former he sets forth his application to enter the land in question, under the timber culture laws of the United States, his occupancy thereof, and a receipt of the receiver of the United States land-office at Bozeman, Montana. Lee’s application was the only authorized filing upon the tract when this suit was instituted, and, although defendant applied to contest, leave was invariably denied him. All these facts made a prima faeie showing of ownership and right of possession in Lee. In Carner v. Chicago etc. Ry. Co., 45…
2Cases cited4 opinions
- Gonzales v. RossSupreme Court of the United States · 1887
- Carner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- Sankey v. St. Mary's Female AcademyMontana Supreme Court · 1889
- Miller v. Pine Mining Co.Idaho Supreme Court · 1893
3Cited by10 opinions
- Blinn v. Hutterische Society of Wolf CreekMontana Supreme Court · 1920
- Thrasher v. HodgeMontana Supreme Court · 1929
- Gibbons v. HuntsingerMontana Supreme Court · 1937
- Musselshell Cattle Co. v. WoolfolkMontana Supreme Court · 1906
- Barnes v. NewtonSupreme Court of Oklahoma · 1897
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