Wright v. Brooks
Montana Supreme Court
Appeal from District Court, Fergus County; E. K. Cheadle, Judge, Action by Frank E. Wright against John Brooks and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal.
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Appeal from District Court, Fergus County; E. K. Cheadle, Judge, Action by Frank E. Wright against John Brooks and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. Respondent’s case resolves itself into this proposition: He demands a decree against appellant John Brooks for a conveyance of the entire interest in the lots, without having any agreement whatever with said appellant for a sale or conveyance of his undivided half interest, and without any ratification of such sale. There is no proof of any obligation binding either Anthony or appellant…
1Opinion of the CourtJustice Sanner
The amended complaint alleges, substantially, that in July, 1898, the respondent bought two certain lots in the city of Lewis-town at the price of $200 from Henry P. Brooks, who was then the owner; that the respondent immediately went into possession, and has since been in the “actual, quiet, open, notorious, undisturbed and exclusive possession” of said lots, and has placed valuable improvements thereon; that Henry P. Brooks died leaving a will, under which the appellant, John Brooks, was made residuary legatee, and by judicial decree the said lots have been distributed to John Brooks as…
2Cases cited31 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Finlen v. HeinzeMontana Supreme Court · 1905
- Love v. WatkinsCalifornia Supreme Court · 1871
- State ex rel. Woods v. TookerMontana Supreme Court · 1894
- Howell v. BuddCalifornia Supreme Court · 1891
26 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- Riley v. BlackerMontana Supreme Court · 1915
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Brundy v. CanbyMontana Supreme Court · 1915
- Milwaukee Land Co. v. RuesinkMontana Supreme Court · 1915
20 more not listed; retrieve them via the Exa API.