McCauley v. Gilmer
Montana Supreme Court
Appeal from, Third District, Lewis and Cla/rke Oounty. The judgment was rendered by Wade, J. The complaint alleges that respondent is “ seized in fee ” and “ entitled to the immediate possession ” of the property in dispute. The former allegation is Immaterial, and appellants were called upon to answer as to right of possession. Boles v. Cohen, 15 Cal. 150; Sta/rJc v. Ba/rrett, id. 361; Grady v. Eaady, 18 id. 108 ; Hubbard v. Barry, 21 id. 321. No eviction is charged.
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Appeal from, Third District, Lewis and Cla/rke Oounty. The judgment was rendered by Wade, J. The complaint alleges that respondent is “ seized in fee ” and “ entitled to the immediate possession ” of the property in dispute. The former allegation is Immaterial, and appellants were called upon to answer as to right of possession. Boles v. Cohen, 15 Cal. 150; Sta/rJc v. Ba/rrett, id. 361; Grady v. Eaady, 18 id. 108 ; Hubbard v. Barry, 21 id. 321. No eviction is charged. The law presumes that appellants were rightfully in the possession. The complaint should state the facts constituting…
1Opinion of the CourtSeevis, J.
The complaint in this action avers : That the respondent is seized in fee and entitled to the immediate possession of certain land therein described; that appellants are in possession and withhold the same to his damage in the sum of $300.
The appellants demurred to the complaint for want of sufficient facts therein stated. The demurrer was overruled hy the comt, and the appellants excepted and thereafter answered, admitting that the title was in the respondent, but denying the respondent’s right of possession, the wrongful withholding of the same, and the damages.
The respondent thereupon…
2Cases cited1 opinion
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
3Cited by7 opinions
- Conway v. FabianMontana Supreme Court · 1939
- McKay v. McDougalMontana Supreme Court · 1897
- First National Bank of Helena v. RobertsMontana Supreme Court · 1890
- Northern Pacific Railroad v. LillyMontana Supreme Court · 1886
- Yank v. BordeauxMontana Supreme Court · 1903
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