(DOWNLOAD) "Sommer v. Wigen" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Sommer v. Wigen
- Author : Supreme Court of Montana
- Release Date : January 17, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
STATUTES — DEEDS — COURTS — PERPETUITIES — LIFE ESTATES. 1. Statutes — Effect of California construction of statute. The Montana termination of life estate statute is similar to California Civil Procedure Code section as it existed prior to its amendment in 1921; and California courts construction of Code section prior to 1921 would be persuasive on Montana court. 2. Life estates — Quiet title judgment not proper. In special probate proceeding under statute providing for termination of life estates, court could not render judgment quieting objectors title to real property in question. 3. Courts. Parties could not confer jurisdiction on court. 4. Deeds — Language in deed did not limit interest conveyed. Incorporation into warranty deed in usual printed form of statement that grantees agreed not to sell or dispose of land except to grantors or their heirs did not limit to a life estate interest conveyed. 5. Deeds — Construction. In construing warranty deed, court must take it by its four corners. 6. Perpetuities — Provision held invalid. In warranty deed in usual printed form, typewritten statement, that grantees had agreed not to sell or dispose of land except to parties of first part or their heirs, was invalid; but even if valid, it would not have been binding on grantees heirs.
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