Schnepel v. Mellen
Montana Supreme Court
Appeal from Second District, Deer Lodge County. Tiie facts of the caso are included in tbe opinion of the court. The probate judge under the law is trustee for occupant alone. The trust is created by act of congress and must conform thereto. U. S. Rev. Sts., §§ 23S7-2391. The act of congress was not intended to deprive a bona fide occupant of his rights.
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Appeal from Second District, Deer Lodge County. Tiie facts of the caso are included in tbe opinion of the court. The probate judge under the law is trustee for occupant alone. The trust is created by act of congress and must conform thereto. U. S. Rev. Sts., §§ 23S7-2391. The act of congress was not intended to deprive a bona fide occupant of his rights. Hides v. Heed, 19 Cal. 566 ; Jones v. Petaluma, 38 id. 399; Allemany v. Same, id. 556LeHoy v. Cunningham, 44 id. 602. The foregoing cases are under an act of congress similar to that of 1867, under which the probate judge was acting in…
1Opinion of the CourtWade, C. J.
This action was instituted to quiet the title to a certain lot in the town of Philipsburg, in the county of Deer Lodge, and was submitted to the court and determined upon the following agreed statements of facts.
1. That the plaintiff and defendant arc now and were at the times hereinafter mentioned citizens of the United States, over twenty-one years of age, and residents and inhabitants of the town of Philipsburg in Deer Lodge county, Montana Territory.
2. That at the times hereinafter mentioned, O. B. O’Bannon was and now is the duly qualified and acting probate judge of said Deer Lodge…
2Cases cited5 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Coryell v. CainCalifornia Supreme Court · 1860
- Watson v. RandallNew York Supreme Court · 1838
- Le Roy v. CunninghamCalifornia Supreme Court · 1872
- Hogeboom v. GenetNew York Supreme Court · 1810
3Cited by13 opinions
- State Ex Rel. Burns v. LacklenMontana Supreme Court · 1955
- Kelly v. Independent Publishing Co.Montana Supreme Court · 1912
- Erler v. Creative Finance & Investments, L.L.C.Montana Supreme Court · 2009
- Simkin v. ColeSuperior Court of Delaware · 1922
- Nelson v. Frank E. Best Inc.Court of Chancery of Delaware · 2000
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