Volume 67 — Montana Reports

Greene, Judge. Action by tbe Richardson Grain Separator Company against the Yalier Elevator Company and others. From judgment for defendants, plaintiff appeals. The law is that when machinery is sold to be paid for when installed and accepted, the title remains in the vendor until the installation is completed and the machinery tried out and accepted.

D. McKinnon, Judge. Action by Tonsbo Careve against tbe Phoenix Insurance Company of Hartford. Judgment for defendant and plaintiff appeals. The Security Abstract and Title Company, under its certificate of appointment was a general agent of the defendant insurance company. (19 Cyc., p. 780; 14 R. C. L., par. 339; Kahn v. Traders Ins. Co., 4 Wyo. 419, 62 Am. St. Rep. 47, 34 Pac. 1059-1069; Germam, Americam, Ins. Co. v. Yeagley, 163 Ind. 651, 2 Ann.

D. Borton, Judge for the Seventeenth District, presiding. Action of interpleader by George P. Porter, as State Auditor, against James Hartley and another, copartners doing business under the firm name and style of James Hartley & Co., and others, wherein the State, for the use and benefit of the Industrial Accident Fund, intervened. From the judgment rendered, defendant Banking Corporation of Montana appeals.

<p> Appeal from District Court, Flathead County; C. W. Pomeroy, Judge. </p> <p>Action by "W. C. Berne, trustee, against J. H. Stevens. Judgment for plaintiff and defendant appeals.</p> <p>Cause submitted on briefs of Counsel.</p>

Felt, Judge. Action by E. E. Selway against John Daut and others. Judgment for plaintiff and defendants appeal. Only upon a full compliance with the requirements of the law under which the entry is made does the entryman acquire a vested interest in the lands covered by the entry that can be sold, demised, sold under execution and, in the absence of statutory provisions, mortgaged.

E. Poorman, Judge. Action by George Bozdech. and another against the Montana Ranches Company. Judgment for plaintiffs and defendant appeals. The contract by its terms excepted from the conveyance the easement for the maintenance of the poles upon the lands according to the terms of the recorded grant. The existence upon the ground of this open, notorious and public nonremovable servitude is not an “encumbrance” within the meaning of section 6875 of the Revised Codes of-1921.

Winston, Judge. Action by B. F. Lensing against the Day & Hansen Security Company and others to quiet title to certain water rights. Judgment for defendants, and plaintiff appeals.

B. La/w, Judge. Action by Guy Griffin against tbe Chicago, Milwaukee & St. Paul Railway Company and another. Judgment for plaintiff, and defendants appeal. An allegation of constructive notice to be sufficient must allege a definite time during which the condition existed and must allege facts showing that reasonable care if exercised would have disclosed the condition during that time.

C. Spencer, Judge. Action by Sterling M. Wood, as administrator of the estate of George S. Crosby, deceased, against E. L. Bobbins, as executor of the last will of John D. Losekamp, deceased, and others. Judgment for defendants and plaintiff appeals.

Appeal from District Court, Yellowstone County; A. C. Spencer, Judge. Action by Albert S. Hanson against E. L. Robbins, as executor of the estate of John D. Losekamp, deceased, and J. W. Yaughn. Judgment for defendants and plaintiff appeals.

G., Spencer, Judge. Action by Nellie B. Asbury, as administratrix of the estate of John F. Asbury, deceased, against E. R. Robbins, as executor of the estate of John D. Losekamp, deceased, and another. Judgments for defendants and plaintiffs appeal.

Leiper, Judge. August Ritz was convicted of unlawfully manufacturing intoxicating liquor, and, from the judgment of conviction and from an order overruling his motion for new trial, he appeals.

Self, 'Judge. Action by Robert Nicholson against Adalaide Nicholson, as administratrix of the estate of William Nicholson, deceased, and others. From a decree for plaintiff, defendant Ida Owens appeals. The complaint does not state facts sufficient to constitute a cause of action to quiet title. It is elementary that one who sues to quiet title must prevail, if at all, on the strength of his own case rather than on the weakness of his adversary.