City of Missoula v. Mix

MR. CHIEF JUSTICE ADAIR:

I dissent.

First. The evidence in this record is wholly insufficient to show title in either plaintiff or defendant to any property claimed by either in this suit.

The only evidence in the record is that introduced by the plaintiff city. It consists of: (1) The warranty deed from defendant to McKenzie; (2) the quit claim deed from McKenzie to the city; (3) an unauthenticated contour map; and (4) five pages of testimony elicited from two witnesses.

The defendant introduced no evidence whatever, but rested his case on the interpretation to be accorded the “reservation”…