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Mcmullen v. Shields

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eBook details

  • Title: Mcmullen v. Shields
  • Author : Supreme Court of Montana
  • Release Date : January 02, 1934
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Equity — Quiet Title, Adverse Possession — Leases, Parol Leases, Year to Year Leases — Evidence, Preponderance of, Sustaining Findings, Conclusions and Decree. 1. Adverse Possession — Quiet title — Leases — Evidence sustained finding of no adverse possession. In suit in equity to quiet title to lands to which defendant held record title, but to which plaintiff claimed title by adverse possession, wherein it appeared that plaintiff and defendant were brothers, evidence sustained findings that plaintiff had moved upon the lands pursuant to permission granted by defendant, under agreement whereby plaintiff was to be entitled to use the land if he would pay the taxes each year and the outstanding delinquent taxes, and that the holding was not adverse but permissive. 2. Adverse Possession — Evidence — Exclusion of Evidence of value not error. Exclusion of plaintiffs evidence tending to show value of certain lands located near the property in question, was not error, in that the excluded evidence was not material on issue of adverse possession.


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