Tiffany v. Uhde
216 P.2D 375, 123 MONT. 507, 1950.MT.0000016
-
- 0,99 €
-
- 0,99 €
Publisher Description
1. Quieting title ? Pleading in general terms. In action to quiet title it is enough to aver in general terms title of plaintiff, and, in equally general language, that defendant asserts some title adverse to him. 2. Equity ? Equity will grant full relief. Equity court will, when its jurisdiction has been invoked for an equitable purpose, proceed to determine any other equities existing between parties connected with main subject of suit, and grant all relief necessary to entire adjustment of such subject. 3. Quieting title ? Temporary injunction may be issued. In action to quiet title, when necessary to maintain status quo pending trial of the issues and final determination of the cause a temporary injunction may be granted in discretion of the court. 4. Appeal and error ? Proceedings to be considered must be in a bill of exceptions. A party appealing from a final judgment, if he desires to present on appeal the proceedings had at the trial, must have the same incorporated in the bill of exceptions. 5. Appeal and error ? Evidence presumed to support judgment in absence of record. Where record on appeal contained no bill of exceptions and there was no evidence in transcript, it was to be presumed that evidence introduced at trial supported trial courts finding and judgment.