Legal Opinion

Lamme v. Dodson

Montana Supreme Court

Decided January 15, 1883PublishedCited by 28 opinions

Appeal from First District, Gallatin County. The action is ejectment, and the following are the issues made by the pleadings: The appellant alleges title in himself, demand of possession, and unlawful detention by the respondents. The answer admits the. demand for possession, denies title in the appellant, and for new matter avers title by adverse possession, no equitable title being set up or relied upon.

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Appeal from First District, Gallatin County. The action is ejectment, and the following are the issues made by the pleadings: The appellant alleges title in himself, demand of possession, and unlawful detention by the respondents. The answer admits the. demand for possession, denies title in the appellant, and for new matter avers title by adverse possession, no equitable title being set up or relied upon. Appellants, in reply to this new matter, set up an oral contract to sell and convey to "the predecessor in interest of defendants, Thomas War-field, deceased, upon the condition precedent…

1Opinion of the CourtGalbraith, J.

The complaint in this action alleges; title in the appellant to the piece of ground in controversy from and after the 6th day of October, 1811; a wrongful and unlawful possession of the same by the respondents since the 9th day of June, 1881; that, on the 9th day of June, 1881, appellant demanded the possession thereof' of the said Dodson, which was, and still is, refused; that, since about the 20th day of June, 1881, the' respondent Nevitt, in conjunction with Dodson, has been in the-wrongful and unlawful possession of the premises; and that, on the 24th day of August, 1881, the appellant…

2Cases cited8 opinions

  1. In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
  2. Larned v. . HudsonNew York Court of Appeals · 1875
  3. Cadiz v. MajorsCalifornia Supreme Court · 1867
  4. Chapman v. HollisterCalifornia Supreme Court · 1871
  5. Meeks v. KirbyCalifornia Supreme Court · 1873

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3Cited by28 opinions

  1. Tucker v. BrownWashington Supreme Court · 1944
  2. Brimstone Mining, Inc. v. GlausMontana Supreme Court · 2003
  3. Blasdel v. Montana Power Co.Montana Supreme Court · 1982
  4. In re the Estate of BeltWashington Supreme Court · 1902
  5. Rude v. MarshallMontana Supreme Court · 1917

23 more not listed; retrieve them via the Exa API.

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