Home/Montana Supreme Court/Barnard Realty Co. v. City of Butte

Barnard Realty Co. v. City of Butte

136 P. 1064, 48 Mont. 102, 1913 Mont. LEXIS 109
CourtMontana Supreme Court
DecidedOctober 15, 1913
DocketNo. 3,271
StatusPublished
Cited by23 cases

This text of 136 P. 1064 (Barnard Realty Co. v. City of Butte) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnard Realty Co. v. City of Butte, 136 P. 1064, 48 Mont. 102, 1913 Mont. LEXIS 109 (Mo. 1913).

Opinions

MR. CHIEF JUSTICE BRANTLT

delivered tbe opinion of tbe court.

Tbe plaintiff brought this action on July 19, 1911, to obtain a decree quieting its title to the property described in tbe com[104]*104plaint, which is situated within the corporate limits of the city of Butte and consists of a strip of land extending from the south line of the alley immediately south of Galena street to the north line of Silver street. ' Its boundaries are indicated on the subjoined diagram by the heavy lines inclosing the area A, B, C, D, a part of the area designated as the Barnard Placer, the dotted line being the western boundary of the latter. The question involved is whether the described area is a part of Alabama street. The defendant, admitting that the record title is in plaintiff, pleaded as a defense that for the full period of ten years prior to the bringing of the action it had been in the open, notorious, uninterrupted, exclusive and adverse possession of the disputed area and used the same as a public street, and was therefore the owner of an easement over it for a public street. The district court found the issues in favor of the defendant and entered a decree accordingly. The plaintiff has appealed from the decree and an order denying its motion for a new trial.

Counsel have, made many assignments of error in their brief, but since the only substantial argument made is confined to the assignment that the evidence is insufficient to sustain the findings, we shall deem the other assignments waived and devote our attention to the single question thus submitted.

The evidence introduced by the defendant tends to establish the following: The area shown on the diagram to the north of the alley and east of the dotted line was originally a part of the Barnard Place. In the year 1889 Barnard, the owner, caused it to be subdivided into blocks and lots and made it an addition to the city. The portion of this area north of the south line of the alley was thus formally dedicated to the use of the public, presumably as an extension of Alabama street from the north. The dedication apparently included also the extension of the alley to the east. The area to the west of the dotted line from Galena street south is embraced in three distinct additions made to the city by other persons at about the same date, the portion north of the alley being a part of the Columbia Addition, that

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Bluebook (online)
136 P. 1064, 48 Mont. 102, 1913 Mont. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnard-realty-co-v-city-of-butte-mont-1913.