Morrison v. Linn
Montana Supreme Court
Appeal from, District Court, Custer' County; C. C. Hurley, Judge. ACTION by R. C. Morrison against Samuel II. Linn, Gertrude Coleman and another. Judgment for defendants, and plaintiff appeals from it and an order denying Ms motion for new trial.
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Appeal from, District Court, Custer' County; C. C. Hurley, Judge. ACTION by R. C. Morrison against Samuel II. Linn, Gertrude Coleman and another. Judgment for defendants, and plaintiff appeals from it and an order denying Ms motion for new trial. The nonpayment of taxes by one in possession of land is insufficient in itself to show the holding was not adverse when such adverse holding is clearly shown by competent evidence. .(Johnson v. Conner, 48 Wash. 431, 93 Pac. 914.) The payment of taxes by a person in possession of land is not necessary in order that the possession may ripen into title.…
1Opinion of the CourtJustice Holloway
In 1912 this action was brought to have determined the conflicting claims to lot 5, in section 28, township 8 north, range 47 east, in Custer county, Montana. In his complaint plaintiff alleges that for more than ten years prior to the commencement of the action he was in the actual, open, notorious, continuous, exclusive and adverse possession of the land under claim of title thereto. The answering defendant Samuel H. Linn asserts that *400be and bis codefendant Gertrude Coleman hold the legal title to the land; otherwise the answer is a general denial of the allegations of the complaint. The…
2Cases cited8 opinions
- Beverly v. BurkeSupreme Court of Georgia · 1851
- Hall v. LawSupreme Court of the United States · 1880
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Crowder v. Doe ex dem. Tennessee C. I. & R. R. Co.Supreme Court of Alabama · 1909
- Allen v. MansfieldSupreme Court of Missouri · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ferguson v. StandleyMontana Supreme Court · 1931
- Joseph Russell Realty Co. v. KenneallyMontana Supreme Court · 1980
- Le Vasseur v. RoullmanMontana Supreme Court · 1933
- Newton v. WeilerMontana Supreme Court · 1930
- Horsky v. McKennanMontana Supreme Court · 1916
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