Hoar v. Hennessy
Montana Supreme Court
Appeal from District Court, Silver Bow County j John Lindsay, Judge. ActioN by William. T. Hoar against J. B. Hennessy and Mike Hennessy. From a judgment for defendants, and from ■ an order denying a new trial, plaintiff appeals. A verbal agreement between conterminous proprietors of land establishing a line between their respective estates, and that such line shall become the division line, is invalid.
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Appeal from District Court, Silver Bow County j John Lindsay, Judge. ActioN by William. T. Hoar against J. B. Hennessy and Mike Hennessy. From a judgment for defendants, and from ■ an order denying a new trial, plaintiff appeals. A verbal agreement between conterminous proprietors of land establishing a line between their respective estates, and that such line shall become the division line, is invalid. (Compiled Statutes of 1887, Fifth Div., Sec. 217; Civil Code, 1895, Sec. 2185, Subdiv. 4; Sharp v. Blanlcenship, 67 Cal. 441, 443; Moritz v. Lavelle, 77 Cal. 10 ; Barr v. O'Donnell, 76 Cal.…
1Opinion of the Court
MR COMMISSIONER CALLAWAY
prepared the opinion for the court.
Appellant brought this action against respondents to recover possession of a strip of ground about one foot in width and 100 feet in length, lying along the southerly edge of his lot, alleging that the respondents have built a stone wall and fence thereon. Respondent J. B. Hennessy interposed two defenses to the action: Eirst, that he is the own'er of the land in controversy, by virtue of his adverse possession thereof for a period of five years prior to July 1, 1895; and, second, that he built the stone wall and fence upon a line…
2Cases cited12 opinions
- Blair v. SmithSupreme Court of Missouri · 1852
- Houston v. SneedTexas Supreme Court · 1855
- Galbraith v. LunsfordTennessee Supreme Court · 1888
- Helm v. WilsonCalifornia Supreme Court · 1888
- Fisher v. BennehoffIllinois Supreme Court · 1887
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3Cited by10 opinions
- Myrick v. PeetMontana Supreme Court · 1919
- Borgeson v. TubbMontana Supreme Court · 1918
- Johnson v. JarrettMontana Supreme Court · 1976
- Montgomery v. GehringMontana Supreme Court · 1965
- Schmuck v. BeckMontana Supreme Court · 1925
5 more not listed; retrieve them via the Exa API.