State Ex Rel. Costello v. District Court

In May, 1929, W. P. Costello commenced an action against Phelps, a resident of Peru, South America, the city of Great Palls, Montana, and W. P. Wren, its treasurer, to quiet title to certain property situated in Great Palls. The complaint alleged that plaintiff, Costello, is the owner of the described property, free from all encumbrances, liens or charges of any kind whatsoever, and in actual possession thereof; that defendants claim some title or interest in or lien or encumbrance upon the property adverse to plaintiff’s ownership. It prayed that defendants be required to set forth their…