(DOWNLOAD) "Barcus v. Galbreath" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Barcus v. Galbreath
- Author : Supreme Court of Montana
- Release Date : January 15, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
1. Deeds ? Evidence sustained courts finding. In a quiet title action, the evidence sustained the finding that the plaintiff and her husband had not deeded their interest in the involved land to defendants husband. 2. Tenancy in common ? Possession ? Effect of acts of one cotenant. The possession of one cotenant is the possession of all, and the acts done by a cotenant relating to or affecting the common property are presumed to have been done by him for the common benefit of himself and other cotenants. 3. Tenancy in common ? Adverse possession ? Permissive presumption. One tenant in common may oust his cotenant and make his possession adverse, but, as prima facie possession of every cotenant is presumed to be by virtue of his title and not in hostility to the rights of his cotenants, a cotenant who claims title by adverse possession must show that his cotenants had sufficient notice of his exclusive and hostile claim. 4. Tenancy in common ? Notice sufficient to start Statute running. The corporation had notice that the person in possession of the land was making a claim hostile to that of the corporation and was sufficient to start the running of the Statute of Limitations. 5. Adverse possession ? Payment of delinquent taxes. While taxes must be paid for the statutory period, yet they may be paid after becoming delinquent and need not be paid as assessed. 6. Appeal and error ? Evidence most favorable to prevailing party rule. In ascertaining on appeal whether the trial court in a quiet title action erred in its findings on conflicting evidence, the only inquiry was whether the findings found support in the evidence viewed in the light most favorable to the prevailing party. 7. Parties ? Directors after dissolution of corporation, who may act. The corporation or the directors as trustees after dissolution are the only ones who could question the necessity of making them parties and they took no appeal. 8. Adverse possession ? Tacking of members of family. Where a family has lived in continuous adverse possession of land, the title being in one of them or in different members of the family, the tacking is permissible and the character of the claimants possession must be determined with reference to the circumstances under which the familys occupancy began and continued. 9. Adverse possession ? Effect of letter showing permissive inception. A letter written by plaintiffs husband, whose adverse possession plaintiff sought to tack with her own adverse possession after death of husband, which letter stated a claim for services rendered pursuant to husbands appointment as caretaker of the involved land, established at most that the husbands appointment as caretaker of the involved land, established at most that husbands possession - Page 538 was permissive at its inception, and did not conclusively establish that the husband was holding during the entire period of his possession as caretaker, rather than adversely.