(Download) "Flathead Lumber Corp. v. Everett" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Flathead Lumber Corp. v. Everett
- Author : Supreme Court of Montana
- Release Date : January 20, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
QUIET TITLE ? ADVERSE POSSESSION, Pleading Period of Claimed Adverse Possession, Commencement of Suit Arrests Running of Statute ? JUDGMENTS, Judgment on Pleadings, Motion for, Pleadings alone Considered, Question of Available Proof cannot arise on the Motion ? PLEADING AND PRACTICE, Pleading Adverse Possession as Defense in Quiet Title Action, Sufficiency of Defense or Counterclaim, Failure to Reply, Default for Failure to file Reply. - Page 292 1. Quieting Title ? Elements of Adverse Possession. Where elements necessary to constitute adverse possession are established, title by adverse possession is good defense in suit to quiet title. 2. Quieting Title ? Effect of Failure to reply ? Admission. In action to quiet title to land, plaintiffs failure to reply to defendants answer alleging that defendants had been in adverse possession "for more than 10 years last past" and claiming title by adverse possession constituted admission that defendant had been in possession for 10 years before answer was verified. 3. Adverse Possession ? Statute of Limitations tolled. Bringing of action against one in adverse possession disputing his title arrests running of statute. 4. Adverse Possession ? Effect of possession during dispute. During pendency of action against one in adverse possession disputing his title, defendants can acquire no new right as against plaintiffs by mere fact that they remain in possession. 5. Quieting Title ? Pleading adverse possession. Pleading of adverse possession by defendants is insufficient to constitute a defense to action to quiet title unless it is alleged that 10 years adverse possession had been completed before commencement of action. 6. Pleading ? Proof not admissible on motion. The question of what proof was admissible under allegation of defendants answer that they had been in adverse possession of land "for more than 10 years last past" could not arise on motion for judgment on pleadings. 7. Pleading ? Failure to reply did not admit adverse possession. Plaintiffs failure to reply to defendants answer that defendants had been in possession "for more than 10 years last past" was not admission that defendants had been in continuous possession for 10 years before amended complaint was filed or for 10 years before commencement of action and defendants were not entitled to judgment on pleadings.
 "Flathead Lumber Corp. v. Everett" by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}