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eBook details

• Title: Price v. Western Life Insurance Co.
• Author : Supreme Court of Montana
• Release Date : January 24, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Real Property ? Quieting Title ? Adverse Possession ? Change of Permissive into Adverse or Hostile Possession ? Rule ? Insufficiency of Evidence ? Presumption of Grant Arises only when. Real Property ? Trade or Exchange ? Made Effective by Deed of Conveyance. 1. A trade or exchange of lands is not effective under section 6859, Revised Codes, unless deeds of conveyance pass between the parties. Same ? Adverse Possession ? What Constitutes ? Change of Permissive into Hostile Possession ? How Brought about. 2. Among the facts which one seeking to establish title to lands by adverse possession is hostile possession for ten years, and while a permissive - Page 510 possession may subsequently become hostile, to make it so there must have been a repudiation of the permissive possession brought home to the owner by actual notice. Same ? "Hostile" and "Adverse" Possession ? Definition. 3. "Hostile" possession, within the meaning of Rule 2 above, means an invasion of the owners possession by the claimant without the owners permission and in violation of the latters right of property; "adverse" possession means having opposing interests; having interests for the preservation of which opposition is essential. Same ? Adverse Possession ? When Law Presumes a Grant. 4. Where possession of land has been adverse for the statutory period of ten years, the law raises a presumption of a grant, the presumption arising only, however, where the occupancy would otherwise have been unlawful. Same ? Change of Permissive into Hostile Possession ? Evidence to be Strictly Construed against Adverse User. 5. If the use of land of another was permissive in the beginning it can be changed into a hostile and adverse one only by the most unequivocal conduct on the part of the user; the evidence of adverse possession must be strictly construed against the adverse user, and every reasonable intendment should be made in favor of the true owner. Same ? Case at Bar. 6. Two owners of ranch lands the principal portion of which lay on opposite sides of a river, each, however, owning a small strip on the other side, orally agreed that each should have the use of the strip belonging to the other so long as they should live. While they had intended to trade or exchange the parcels, they refrained from doing so because of the incident expense and inconvenience. One of them died and the other, who had never paid any taxes on the strip used by him, some thirteen years after decedent had lost his land through mortgage foreclosure, commenced an action against the purchaser at sheriffs sale, who held possession through tenants and until then apparently had no knowledge of plaintiffs claim, to quiet title to the strip under claim of title by adverse possession, and had judgment. Held, that the evidence showed that the alleged adverse possession was permissive in the beginning and remained so, and judgment reversed, under the above rules, with direction to dismiss the action.

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