Legal Opinion

Miller v. Miller

Montana Supreme Court

Decided March 26, 1913No. 3,231PublishedCited by 9 opinions

Appeal from District Court, Missoula County; F. C. Webster, Judge. Suit by John S. Miller against F. L. Miller and the Chicago, Milwaukee and Puget Sound Railway Company. Judgment for plaintiff and defendants appeal. In behalf of Respondent, Messrs. B. G. <& S. B. Mclntire submitted a brief; oral argument by Mr. S. B. Mclntire.

1Opinion of the CourtJustice Holloway

This suit was brought to quiet title to certain real estate in Missoula county. The complaint is brief and sets forth the fact that the plaintiff is the owner of the land (describing it), that each of the defendants claims some interest adverse to the plaintiff, and that such claims are without foundation or right. The defendant Miller by separate answer admitted that the plaintiff was the owner in fee of the land in question on or prior to February 6, 1904. He then alleged that in December, 1903, a judgment was duly ‘ ‘ given and made ’ ’ in the court of the justice of the peace of Hell Gate…

2Cases cited14 opinions

  1. State Savings Bank v. AlbertsonMontana Supreme Court · 1909
  2. Kane v. DesmondCalifornia Supreme Court · 1883
  3. Eltzroth v. RyanCalifornia Supreme Court · 1891
  4. State v. LagoniMontana Supreme Court · 1904
  5. Oppenheimer v. ReganMontana Supreme Court · 1905

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. O'Connell v. State Board of EqualizationMontana Supreme Court · 1933
  2. State ex rel. Rankin v. State Board of ExaminersMontana Supreme Court · 1921
  3. Moreland v. Monarch Mining Co.Montana Supreme Court · 1919
  4. Esterly v. Broadway Garage Co.Montana Supreme Court · 1930
  5. Welcher v. HoustonMontana Supreme Court · 1924

4 more not listed; retrieve them via the Exa API.

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