Legal Opinion · Dissent

Mitchell v. McDonald

Montana Supreme Court

Decided April 6, 1943No. 8356Published

1Dissent

ME. JUSTICE ADAIE:

I dissent. I read both the record and the law somewhat differently from what is expressed in the majority opinion.

This is a suit in equity. The plaintiff, Merle Mitchell, an infant, by his guardian, commenced the suit against the defendant, Madilon McDonald. The plaintiff, Merle, seeks to remove a cloud upon the title to residential property in Philips-burg cast by the adverse claim of Madilon McDonald to an undivided one-half interest therein. Plaintiff’s complaint was filed by Edwin T. Irvine, Esq., as the attorney at law for plaintiff.

The defendant, Madilon McDonald,…

2Cases cited19 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Lasseter v. SimpsonSupreme Court of Georgia · 1887
  3. Missoula Belt Line Ry. Co. v. SmithMontana Supreme Court · 1920
  4. State ex rel. Rubin v. District CourtMontana Supreme Court · 1921
  5. Lambert v. CorbinCourt of Appeals of Kentucky · 1922

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