Van Vranken v. Granite Cnty.
| Citation | 35 Mont. 427 |
| Case Date | May 27, 1907 |
| Court | United States State Supreme Court of Montana |
35 Mont. 427
VAN VRANKEN
v.
GRANITE COUNTY et al.
Supreme Court of Montana.
May 27, 1907.
Appeal from District Court, Granite County; Geo. B. Winston, Judge.
Action by Lucy Van Vranken against Granite county and others. From a judgment for plaintiff, and from an order denying defendants' motion for a new trial, said defendants appeal. Affirmed.
Albert J. Galen, Atty. Gen., and W. H. Poorman, Asst. Atty. Gen., for appellants.
Wingfield L. Brown, for respondent.
BRANTLY, C. J.
This action was brought to determine an adverse claim by the defendant Granite county to an interest in the S. W. 1/4 of the S. W. 1/4 of section 24, township 7 N., of range 14 W., situate in said county. The plaintiff alleges that she is the owner in fee, entitled to the possession, and in possession of said land, and that the defendant county makes a pretended claim to the ownership of an easement for a public road or highway in a strip, 100 feet wide, extending through the same for about one-third of a mile; that the defendant county is not entitled to any interest therein for the said or any other purpose, by condemnation, grant, prescription, appropriation, or otherwise; and that the said pretended claim casts a cloud upon her title. Judgment is demanded that it be declared without foundation. Defendants deny plaintiff's title and right of possession, and then, for further defense and for affirmative relief, allege in substance that a strip of land, 60 feet in width, extending through said premises, had for more than 40 years prior to the bringing of this action been used by the public as a road or highway; that it had been worked and improved at the expense of the public; that the right to the use of it for this purpose had become established by prescription; and that prior to bringing her action plaintiff had interfered with travel by the public by erecting thereon fences and other obstructions. Judgment is demanded for an injunction restraining the plaintiff from maintaining these obstructions. There was no reply. The trial resulted in findings and judgment for plaintiff. Defendants have appealed from the judgment and an order denying them a new trial.
1. Contention is made that the court erred in refusing to direct a nonsuit at the close of plaintiff's case. Whether or not the court erred in this regard we may not determine, for the reason that it does not appear, from any recital in the statement on motion for new trial, or in the certificate of the judge settling it,...
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Mascall v. Murray
...under an allegation of a legal title in a situation analogous to the instant case is aptly illustrated in Van Vranken v. Granite County, 35 Mont. 427, 90 P. 164; Oliver v. Dougherty, 8 Ariz. 65, 68 P. 553. See, also, Glasmann v. O'Donnell, 6 Utah, 446, 24 P. 537. The plaintiffs have failed ......
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In re Turville, Bankruptcy No. 05-62447-13.
...a person holding possession of property claiming an equitable title may pursue a quiet title action. See Van Vranken v. Granite County, 35 Mont. 427, 90 P. 164, 166 (1907); Poison Sheep Co. v. Owen 106 P.2d 181, 183, 110 Mont. 601, 601 (Mont.1940). "... As courts of equity, bankruptcy court......
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Stokes v. Long, s. 3862
...only the question whether the evidence as a whole made a case which should have been submitted to the jury. Van Vranken v. Granite County, 35 Mont. 427, 90 Pac. 164;Yergy v. Helena L. & Ry. Co., 39 Mont. 213, 102 Pac. 310, 18 Ann. Cas. 1201. The evidence is quite voluminous and cannot be re......
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Stokes v. Long, 3862
...only the question whether the evidence as a whole made a case which should have been submitted to the jury. Van Vranken v. Granite County, 35 Mont. 427, 90 P. 164; Yergy v. Helena L. & Ry. Co., 39 Mont. 213, 102 P. 310, 18 Ann. Cas. 1201. [159 P. 31] The evidence is quite voluminous and can......