Cedar Lane Ranch, Inc. v. Lundberg
Supreme Court of Montana
991 P.2d 440 (1999)
Facts
In 1902, Albert Tinklepaugh conveyed land west of a county road, now a highway, to James McGowan, a predecessor in interest to Cedar Lane Ranch, Inc. (Cedar Lane Ranch) (plaintiff). In 1916, Tinklepaugh conveyed land east of this road to Carl Nelson (defendant), who deeded his land to the Carl Nelson Ranch Company (Carl Nelson Ranch) (defendant) in 1964. For a while, both Cedar Lane Ranch and Carl Nelson Ranch believed that more than seven acres of property west of the highway was owned by Cedar Lane Ranch. However, a right-of-way survey performed by Montana in 1994 revealed that more than seven acres of property west of the highway was owned by Cedar Lane Ranch. Based on this new information, Cedar Lane Ranch brought an action in the district court to quiet title to the disputed property, and Carl Nelson Ranch filed a counterclaim. The state district court granted summary judgment in favor of Cedar Lane Ranch both on its complaint and on Carl Nelson Ranch’s counterclaim, and Carl Nelson Ranch appealed.
Rule of Law
Issue
Holding and Reasoning (Hunt, J.)
Dissent (Trieweiler, J.)
What to do next…
Here's why 710,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
