Taylor v. Holter
Montana Supreme Court
Appeal from, the Third District, Lewis and Qlarhe County. The court, Wade, J., granted a nonsuit in this case. The facts are stated in the opinion. Appellants should have been permitted to introduce their testimony to explain, and interpret the description in the deed of respondents. Prominent landmarks are controlling points as to description. In this case the monuments are fixed and certain, and the actual possession of the identical property was delivered by respondents.
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Appeal from, the Third District, Lewis and Qlarhe County. The court, Wade, J., granted a nonsuit in this case. The facts are stated in the opinion. Appellants should have been permitted to introduce their testimony to explain, and interpret the description in the deed of respondents. Prominent landmarks are controlling points as to description. In this case the monuments are fixed and certain, and the actual possession of the identical property was delivered by respondents. Bourse v. Lloyd, 1 Penn. 229; Frost v. Spaulding, 19 Pick. 445; Moss v. Shear, 30 Cal. 479; Waterman v. Johnson, 13…
1Opinion of the CourtWade, C. J.
This is an appeal from a judgment of non-suit in the court below. The suit was brought to recover *691damages for breach of warranty in a deed from defendants to plaintiffs, conveying a certain water-right situate in Oro Pino gulch, Lewis and Clarke county.
The deed in question is in the words and figures following, to wit:
“This indenture made the fifth day of December, in the year of our Lord one thousand eight hundred and sixty-eight, between Edward M. Hoyt and A. M. Holter, of Helena, Lewis and Clarke county, Montana Territory, parties of the first part, and Jesse Taylor, Jeremiah Smith and…
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- Hopkins v. LeeSupreme Court of the United States · 1821
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