Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 3

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: seen, also, by reference to Stark v. Starrs, 6 Wall. 402, 409, appellants set up facts entitling them to afiirmative relief under chap. III, p. 94, Cod. Sts. of Montana. returned to the ofiice of the surveyor showed the property thus applied for to bcin a different locality, and that the.'-ame was Upon the 5th proposition, that Agno, the patentee, is estopped by reason of the judgment recovered for the same property by the Cannon and Cannon Extension lodes against the Star of the West, we submit the following points and authorities: 1st. He purchased an interest in the Star of the West and went into possession pending the suit. See Freem. on Judg. 267, 299; Cod. Sts. 29, 16; id. 95, 312; Merle v. Matthews, 26 Cal. 475;.1 Story's Eq. Jur. (10th ed.) 405, 406, 407; Marshall v. Shafter, 32 Cal. 195; People v. Wilson, 26 id. 125, 126, 127; Herm. on Estop. 55, 61, 63; Walden v. Bodleg/, 9 How. (U. S.) top p. 28, 29. 2d. He agreed to defend that suit and was amenable to the writ of restitution issued in it. Herm. on Estop. 46; Freem. on Judg. 146, 147; Peterson v. Lathrop, 34 Penn. 223. 3d. If Agno was bound by this judgment he was under the same obligation to redeliver possession before he could build up a title, on account of the possession thus acquired, as those against whom it was rendered. Satterlee v. Bliss, 36 Cal. 516; Byers v. lVee"l, 43 id. 210. 4th. His title, if he ever had any, was extinguished in the judgment before it reached the conveyance to respondents. Campbell v. Hall, 16 N. Y. 581; 1 Iowa, 23; 6id. 188; 8 id. 326; 24 How. 362; Bludworth v. Lake, 33 Cal. 262, 263. 5th. And this judgment concluded the rights of all the parties bound by it as they existed at the very date of more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236987586
  • 9781236987587