Hamilton v. Murray
Montana Supreme Court
Appeal from District Court, Silver Bow County; William, Clancy, Judge. Action by Patrick J. Hamilton against James' A. Murray. Judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from District Court, Silver Bow County; William, Clancy, Judge. Action by Patrick J. Hamilton against James' A. Murray. Judgment for plaintiff, and from an order denying a new trial, defendant appeals. If a stranger begin to build on land supposing it to be his own, and the real owner, perceiving his mistake, abstains from setting him right and leaves him to persevere in his error, a court will not afterwards allow the real owner to assert his title to the land. .(Ramson v. Dysen, 1 PI. of L. 129 ; Code of Civil Procedure, Sec. 3265.) It is not necessary to plead license or permission;…
1Opinion of the Court
ME. COMMISSIONER CALLAWAY
prepared tbe opinion for the court.
This is an appeal from an order denying defendant’s motion for a new trial. Verdict and judgment were for plaintiff. The action is ejectment. The complaint alleges “that on or about the 14th day of August, 1897, the plaintiff ivas the owner, and seised in fee, and possessed and entitled to the possession” of the land sued for, and that while he was so the owner, seised, possessed, and entitled to the possession of the-same, the defendant on saidi day entered into and upon the same and ousted and ejected the plaintiff therefrom, and…
2Cases cited17 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Patterson v. United StatesSupreme Court of the United States · 1817
- Moore v. MooreTexas Supreme Court · 1887
- Knight v. RocheCalifornia Supreme Court · 1880
- Haight v. TryonCalifornia Supreme Court · 1896
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3Cited by4 opinions
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Hamilton v. Monidah TrustMontana Supreme Court · 1909
- Hickey v. BreenMontana Supreme Court · 1910
- Olcott v. GeboMontana Supreme Court · 1917