Burton v. Kipp
Montana Supreme Court
Appeal from District Court, Silver Bow County; John Lindsay, Judge. Action by Ruth A. Burton against Henry Kipp. From an order granting a new trial after judgment of nonsuit, defendant appeals. Statement of the Case. This action was brought, under Section 1310 of the Code of Civil Procedure, to have determined an adverse claim asserted by defendant to lot 12 in block 5 of the city of Butte, of which plaintiff claims to be the owner.
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Appeal from District Court, Silver Bow County; John Lindsay, Judge. Action by Ruth A. Burton against Henry Kipp. From an order granting a new trial after judgment of nonsuit, defendant appeals. Statement of the Case. This action was brought, under Section 1310 of the Code of Civil Procedure, to have determined an adverse claim asserted by defendant to lot 12 in block 5 of the city of Butte, of which plaintiff claims to be the owner. It is in form an action quia timet to remove a cloud upon plaintiff’s title The complaint alleges that the plaintiff is the owner in fee and in possession of the…
1Opinion of the CourtChief Justice Brantly
If the complaint states a cause of action, the district court was right in ordering a new trial; otherwise the order must, he reversed. The question for decision therefore is, are the allegations of the complaint sufficient to make out a prima facie case that- the sale was avoided by reason of the inadequacy of the price, or for want of notice by the sheriff, or because the property was sold in gross, or by reason of a violation by the plaintiff of the agreement for delay >.
1. Before noticing these features of the case, we remark that the allegation of the complaint touching the entry of…
2Cases cited11 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Blood v. LightCalifornia Supreme Court · 1869
- Brooks v. RooneySupreme Court of Georgia · 1852
- Smith v. RandallCalifornia Supreme Court · 1856
- Hollister ex rel. Egbert v. VanderlinSupreme Court of Pennsylvania · 1895
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3Cited by15 opinions
- Exchange State Bank v. Occident Elevator Co.Montana Supreme Court · 1933
- Thomas v. ThomasMontana Supreme Court · 1911
- Nixon v. TriberIdaho Supreme Court · 1979
- Doney v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Arkansas Valley Town & Land Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1915
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