(DOWNLOAD) "Warren v. Warren" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Warren v. Warren
- Author : Supreme Court of Montana
- Release Date : January 24, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
EQUITY, Appeal in Equity Cases ? Presumptions ? Burden of Showing Error ? QUIETING TITLE, Complaint, Sufficiency of, Allegations of Ownership and Possession ? APPEAL AND ERROR, Bill of Exceptions, Settlement of, Time for Presenting ? Record on Appeal ? Striking Matters Improperly Incorporated ? JUDGMENTS, Judgment Roll, Contents of ? COURTS, Jurisdiction Quiet Title Action ? REAL PROPERTY, Quieting Title to ? TRIAL, Findings of Trial Court ? - Page 260 Presumption that Evidence Supports Findings ? PLEADING AND PRACTICE, Waiving Defects by Pleading Over. 1. Appeal and Error ? Bill of exceptions not considered. On appeal the Supreme Court will not consider bill of exceptions which party failed to present, settle, and file within time allowed by law. and will consider only those things properly a part of judgment roll. 2. Adverse Possession ? Presumption of possession. In action to recover possession of real property, person establishing a legal title to property is presumed to have been possessed of it within time required by law, and occupation of property by another person is deemed to have been made under and in subordination of legal title unless property has been held adversely for ten years before commencement of action, and burden is on person claiming title by adverse possession to overcome the presumption. 3. Pleading ? Pleading deemed amended. Where plaintiff alleged that she "is now the owner, entitled to possession", and lower court found seizing and possession, the complaint, if necessary, would be deemed amended to conform with the evidence. 4. Quieting Title ? Equity ? Pleading and Practice ? Short form held sufficient. The usual short form of quiet title complaint was sufficient to state cause of action. 5. Quieting Title ? Real Property ? Ownership at time action is commenced. General rule is that ownership at time of commencement of action to quiet title to real estate is required. 6. Appeal and Error ? Power of Supreme Court to direct modification of decree. Where trial court order was that, plaintiff, since filing complaint and prior thereto was absolute owner of property, and trial court found that at the time of commencement of action plaintiff "was and still is the owner", the Supreme Court, under power granted by statute, could direct that decree of lower court be modified so as to conform with its findings. 7. Appeal and Error ? Judgments ? Courts ? Lack of Bill of Exceptions ? Presumption. Where the record on appeal contained no bill of exceptions but only the judgment roll, Supreme Court must presume that evidence introduced at trial supported trial courts finding. 8. Quieting Title ? Courts ? Jurisdiction of Court. Plaintiff out of possession may bring quiet title action and defendant, when he sets up claim of adverse possession, submits his title and the court has jurisdiction to establish title. 9. Quieting Title ? Action one in equity. Action to quiet title does not lose its equitable nature because procedure has been modified by statute. 10. Pleading and Practice ? Answering over-effect of. Where trial court sustained plaintiffs motion to strike allegations of defendants answer and cross-complaint, and defendant answered over, objections to trial courts ruling were waived.
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