Horsky v. Moran
Montana Supreme Court
Appeal front First Judicial District, Lewis and Clarke County. Action to quiet title. Judgment on the pleadings in favor of plaintiff was rendered by Buck, J. Statement of tlie case by Mr. Justice Harwood.
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Appeal front First Judicial District, Lewis and Clarke County. Action to quiet title. Judgment on the pleadings in favor of plaintiff was rendered by Buck, J. Statement of tlie case by Mr. Justice Harwood. Judgment was rendered in favor of plaintiff on the pleadings, and therefore, first of all, irrespective of the questions of law, we must ascertain from an examination of the allegations of the complaint, and the denials and averments of the answer, whether any material issues of fact are raised by the answer, as contended by appellant, for, if such issues are raised, judgment on the…
1Opinion of the CourtHarwood, J.
It must be borne in mind, during all this consideration, that said fractional piece of land is the point of controversy — the only land in dispute — in this case. The allegations of the complaint respecting the acquisition and possession of lots 17, 18, 19, and 20, however material, are facts environing the real point of controversy. It will be observed by reading those allegations of the complaint contained in paragraphs 1 to 6 of the above statement that plaintiff alleges the acquisition of lots 20,18, and 19, particularly alleging the boundaries of each lot, and averring that lot 20 is…
Also in this document: Concurrence.
2Cases cited2 opinions
- Thorp v. FreedMontana Supreme Court · 1872
- Muller v. BuyckMontana Supreme Court · 1892
3Cited by8 opinions
- Equity Co-operative Ass'n v. Equity Co-operative Milling Co.Montana Supreme Court · 1922
- Iba v. Central Ass'n of WyomingWyoming Supreme Court · 1895
- Floyd v. JohnsonMontana Supreme Court · 1896
- Horsky v. MoranMontana Supreme Court · 1898
- Duane v. MolinakMontana Supreme Court · 1904
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