[DOWNLOAD] "Descheemaeker v. anderson" by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Descheemaeker v. anderson
• Author : Supreme Court of Montana
• Release Date : January 29, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

QUIET TITLE ? ADVERSE POSSESSION ? HIGHWAYS ? DEDICATION. 1. Highways ? Establishment of public highway by prescription. In order to establish public highway by prescription, without color of title, by proof of travel over it for statutory period, testimony must definitely show use of identical strip of land over which right is claimed and evidence must be convincing that public has pursued definite, fixed course, continuously and uninterruptedly and coupled it with an assumption of control and right of use adversely, and not merely by owners permission over it. 2. Highways ? Effect of use of particular portion. Occupancy or the use by public of one portion of road does not avail it in its claim to another portion not occupied by it. 3. Adverse Possession ? When public may obtain title by adverse possession. Public may obtain title by adverse possession of that only which it has occupied during full statutory period. 4. Highways ? Prescriptive use not shown. In proceeding to quiet title to roadway across plaintiffs land, defendants failed to establish prescriptive use of roadway. 5. Dedication ? Capacity to dedicate. Any person capable of making a grant of land has capacity to dedicate and generally, no one except owner of an unlimited estate or an estate in fee simple, or some one expressly authorized by him can make a dedication of land. 6. Dedication ? Equitable owner may make dedication. The owner of an equitable estate may make a dedication which will - Page 323 be effective, and, while a mortgagor may divest his rights in property dedicated, he cannot affect the rights of the mortgagee. 7. Dedication ? Proof of dedication. Proof necessary to establish a dedication must be clear, satisfactory and unequivocal. 8. Dedication ? Common Law dedication not shown. In action to quiet title to roadway, in addition to lack of clear, satisfactory and unequivocal proof as to the capacity of plaintiffs predecessor, a mortgagor of the land, to dedicate, proof of the alleged dedication by testimony, from memory, followed by contradictory evidence as to whether or not the use was permissive only or adverse, failed to establish common-law dedication.

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