hostile claim in Montana

11 Montana opinions name it 1 courts 1926–2007 0 in the last five years

The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Mildenberger v. Galbraithgreen mont · 1991 · cited in 6 Montana opinions naming this issue, 2001–2007 2 sentences 2002In Mildenberger, 249 Mont. at 167 , 815 P.2d at 134-35 , we noted that: an open and notorious possession is such that it will give the owner of the property right either actual knowledge of the hostile claim, or be of such a character as to raise a presumption of notice, or be so patent that the owner could not be deceived. 2002In Mildenberger, 249 Mont. at 167 , 815 P.2d at 134-35 , we noted that: an open and notorious possession is such that it will give the owner of the property right either actual knowledge of the hostile claim, or be of such a character as to raise a presumption of notice, or be so patent that the owner could not be deceived.	3	6
Collins v. Thodegreen · 1918 · cited in 3 Montana opinions naming this issue, 1991–2002 2 sentences 2002See also, Mildenberger v. Galbraith (1991), 249 Mont. 161, 167 , 815 P.2d 130, 134-35 (“It has long been established that an open and notorious possession is such that it will give the owner of the property right ‘either actual knowledge of the hostile claim, or be of such a character as to raise a presumption of notice or be so patent that the owner could not be deceived.’ ”) (citing Collins v. Thode (1918), 54 Mont. 405, 411-12 , 170 P. 940, 941 ). ¶14 In concluding that the transformers and underground lines were sufficiently “open and notorious” to establish a prescriptive easement, the Di 2002See also, Mildenberger v. Galbraith (1991), 249 Mont. 161, 167 , 815 P.2d 130, 134-35 (“It has long been established that an open and notorious possession is such that it will give the owner of the property right ‘either actual knowledge of the hostile claim, or be of such a character as to raise a presumption of notice or be so patent that the owner could not be deceived.’ ”) (citing Collins v. Thode (1918), 54 Mont. 405, 411-12 , 170 P. 940, 941 ). ¶14 In concluding that the transformers and underground lines were sufficiently “open and notorious” to establish a prescriptive easement, the Di	1	3
O'CONNOR v. Brodiegreen mont · 1969 · cited in 1 Montana opinions naming this issue, 2002–2002 2 sentences 2002See also, Mildenberger v. Galbraith (1991), 249 Mont. 161, 167 , 815 P.2d 130, 134-35 (“It has long been established that an open and notorious possession is such that it will give the owner of the property right ‘either actual knowledge of the hostile claim, or be of such a character as to raise a presumption of notice or be so patent that the owner could not be deceived.’ ”) (citing Collins v. Thode (1918), 54 Mont. 405, 411-12 , 170 P. 940, 941 ). ¶14 In concluding that the transformers and underground lines were sufficiently “open and notorious” to establish a prescriptive easement, the Di 2002See also, Mildenberger v. Galbraith (1991), 249 Mont. 161, 167 , 815 P.2d 130, 134-35 (“It has long been established that an open and notorious possession is such that it will give the owner of the property right ‘either actual knowledge of the hostile claim, or be of such a character as to raise a presumption of notice or be so patent that the owner could not be deceived.’ ”) (citing Collins v. Thode (1918), 54 Mont. 405, 411-12 , 170 P. 940, 941 ). ¶14 In concluding that the transformers and underground lines were sufficiently “open and notorious” to establish a prescriptive easement, the Di	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Rude v. Marshall green mont · 1917 2 sentences 2003Section 70-19-401, MCA; Rude v. Marshall (1917), 54 Mont. 27, 29-30 , 166 P. 298, 298 . ¶23 Open and notorious use is such that it gives the owner of the servient estate actual knowledge of the hostile claim, or is of such character as to raise a presumption of notice because it is so obvious the owner could not be deceived. 2003Section 70-19-401, MCA; Rude v. Marshall (1917), 54 Mont. 27, 29-30 , 166 P. 298, 298 . ¶23 Open and notorious use is such that it gives the owner of the servient estate actual knowledge of the hostile claim, or is of such character as to raise a presumption of notice because it is so obvious the owner could not be deceived.	2	2001–2003
Smith v. Duff neutral · 1909 2 sentences 1978Smith v. Duff, (1909), 39 Mont. 374 , 102 P. 981 ; Ferguson v. Standley, (1931), 89 Mont. 489 , 300 P. 245 ; Townsend v. Koukol, (1966), 148 Mont. 1 , 416 P.2d 532 . 328 To convert the original permissive possession into one of a hostile claim the trial court relied exclusively on the statement made by Martin when he claimed he refused to pay rent to Gene Randono and considered the land as his own. 1978Smith v. Duff, (1909), 39 Mont. 374 , 102 P. 981 ; Ferguson v. Standley, (1931), 89 Mont. 489 , 300 P. 245 ; Townsend v. Koukol, (1966), 148 Mont. 1 , 416 P.2d 532 . 328 To convert the original permissive possession into one of a hostile claim the trial court relied exclusively on the statement made by Martin when he claimed he refused to pay rent to Gene Randono and considered the land as his own.	1	1978–1978
Ferguson v. Standley green mont · 1931 2 sentences 1978Smith v. Duff, (1909), 39 Mont. 374 , 102 P. 981 ; Ferguson v. Standley, (1931), 89 Mont. 489 , 300 P. 245 ; Townsend v. Koukol, (1966), 148 Mont. 1 , 416 P.2d 532 . 328 To convert the original permissive possession into one of a hostile claim the trial court relied exclusively on the statement made by Martin when he claimed he refused to pay rent to Gene Randono and considered the land as his own. 1978Smith v. Duff, (1909), 39 Mont. 374 , 102 P. 981 ; Ferguson v. Standley, (1931), 89 Mont. 489 , 300 P. 245 ; Townsend v. Koukol, (1966), 148 Mont. 1 , 416 P.2d 532 . 328 To convert the original permissive possession into one of a hostile claim the trial court relied exclusively on the statement made by Martin when he claimed he refused to pay rent to Gene Randono and considered the land as his own.	1	1978–1978
Townsend v. Koukol neutral mont · 1966 2 sentences 1978Smith v. Duff, (1909), 39 Mont. 374 , 102 P. 981 ; Ferguson v. Standley, (1931), 89 Mont. 489 , 300 P. 245 ; Townsend v. Koukol, (1966), 148 Mont. 1 , 416 P.2d 532 . 328 To convert the original permissive possession into one of a hostile claim the trial court relied exclusively on the statement made by Martin when he claimed he refused to pay rent to Gene Randono and considered the land as his own. 1978Smith v. Duff, (1909), 39 Mont. 374 , 102 P. 981 ; Ferguson v. Standley, (1931), 89 Mont. 489 , 300 P. 245 ; Townsend v. Koukol, (1966), 148 Mont. 1 , 416 P.2d 532 . 328 To convert the original permissive possession into one of a hostile claim the trial court relied exclusively on the statement made by Martin when he claimed he refused to pay rent to Gene Randono and considered the land as his own.	1	1978–1978
Le Vasseur v. Roullman green mont · 1933 2 sentences 1963In Le Vasseur v. Roullman, 93 Mont. 552, 557 , 20 P.2d 250 , we held: "The possession of realty, to be adverse, must be actual and visible, exclusive, hostile, and continued during the time necessary to create a bar under the statute of limitations. [Cases cited.] The possession must be `open and notorious, or such as to give the owner of the property either actual knowledge of the hostile claim, or of such a character as to raise a presumption of notice, or so patent that the owner could not be deceived.' [Case cited.] `The claimant must exercise such acts of ownership and occupancy as are su 1963In Le Vasseur v. Roullman, 93 Mont. 552, 557 , 20 P.2d 250 , we held: "The possession of realty, to be adverse, must be actual and visible, exclusive, hostile, and continued during the time necessary to create a bar under the statute of limitations. [Cases cited.] The possession must be `open and notorious, or such as to give the owner of the property either actual knowledge of the hostile claim, or of such a character as to raise a presumption of notice, or so patent that the owner could not be deceived.' [Case cited.] `The claimant must exercise such acts of ownership and occupancy as are su	1	1963–1963
Bullerdick v. Hermsmeyer green · 1905 2 sentences 1933J. 76; McComb v. Saxe, 92 Ark. 321 , 122 S. W. 987 .) “The claim of the possessor must invade the title of the other (Bullerdick v. Hermsmeyer, 32 Mont. 541 , 81 Pac. 334 ), and be so brought home to him that he is in a position to institute action for possession at all times during the ranning of the statute of limitations (Newton v. Weiler, 87 Mont. 164 , 286 Pac. 133 ; Morrison v. Linn, 50 Mont. 396 , 147 Pac. 166, 168 ; Blackfoot Land Dev. 1933J. 76; McComb v. Saxe, 92 Ark. 321 , 122 S. W. 987 .) “The claim of the possessor must invade the title of the other (Bullerdick v. Hermsmeyer, 32 Mont. 541 , 81 Pac. 334 ), and be so brought home to him that he is in a position to institute action for possession at all times during the ranning of the statute of limitations (Newton v. Weiler, 87 Mont. 164 , 286 Pac. 133 ; Morrison v. Linn, 50 Mont. 396 , 147 Pac. 166, 168 ; Blackfoot Land Dev.	1	1933–1933
Morrison v. Linn green mont · 1915 2 sentences 1933J. 76; McComb v. Saxe, 92 Ark. 321 , 122 S. W. 987 .) “The claim of the possessor must invade the title of the other (Bullerdick v. Hermsmeyer, 32 Mont. 541 , 81 Pac. 334 ), and be so brought home to him that he is in a position to institute action for possession at all times during the ranning of the statute of limitations (Newton v. Weiler, 87 Mont. 164 , 286 Pac. 133 ; Morrison v. Linn, 50 Mont. 396 , 147 Pac. 166, 168 ; Blackfoot Land Dev. 1933J. 76; McComb v. Saxe, 92 Ark. 321 , 122 S. W. 987 .) “The claim of the possessor must invade the title of the other (Bullerdick v. Hermsmeyer, 32 Mont. 541 , 81 Pac. 334 ), and be so brought home to him that he is in a position to institute action for possession at all times during the ranning of the statute of limitations (Newton v. Weiler, 87 Mont. 164 , 286 Pac. 133 ; Morrison v. Linn, 50 Mont. 396 , 147 Pac. 166, 168 ; Blackfoot Land Dev.	1	1933–1933
Newton v. Weiler neutral mont · 1930 2 sentences 1933J. 76; McComb v. Saxe, 92 Ark. 321 , 122 S. W. 987 .) “The claim of the possessor must invade the title of the other (Bullerdick v. Hermsmeyer, 32 Mont. 541 , 81 Pac. 334 ), and be so brought home to him that he is in a position to institute action for possession at all times during the ranning of the statute of limitations (Newton v. Weiler, 87 Mont. 164 , 286 Pac. 133 ; Morrison v. Linn, 50 Mont. 396 , 147 Pac. 166, 168 ; Blackfoot Land Dev. 1933J. 76; McComb v. Saxe, 92 Ark. 321 , 122 S. W. 987 .) “The claim of the possessor must invade the title of the other (Bullerdick v. Hermsmeyer, 32 Mont. 541 , 81 Pac. 334 ), and be so brought home to him that he is in a position to institute action for possession at all times during the ranning of the statute of limitations (Newton v. Weiler, 87 Mont. 164 , 286 Pac. 133 ; Morrison v. Linn, 50 Mont. 396 , 147 Pac. 166, 168 ; Blackfoot Land Dev.	1	1933–1933
McComb v. Saxe neutral ark · 1909 2 sentences 1933J. 76; McComb v. Saxe, 92 Ark. 321 , 122 S. W. 987 .) “The claim of the possessor must invade the title of the other (Bullerdick v. Hermsmeyer, 32 Mont. 541 , 81 Pac. 334 ), and be so brought home to him that he is in a position to institute action for possession at all times during the ranning of the statute of limitations (Newton v. Weiler, 87 Mont. 164 , 286 Pac. 133 ; Morrison v. Linn, 50 Mont. 396 , 147 Pac. 166, 168 ; Blackfoot Land Dev. 1933J. 76; McComb v. Saxe, 92 Ark. 321 , 122 S. W. 987 .) “The claim of the possessor must invade the title of the other (Bullerdick v. Hermsmeyer, 32 Mont. 541 , 81 Pac. 334 ), and be so brought home to him that he is in a position to institute action for possession at all times during the ranning of the statute of limitations (Newton v. Weiler, 87 Mont. 164 , 286 Pac. 133 ; Morrison v. Linn, 50 Mont. 396 , 147 Pac. 166, 168 ; Blackfoot Land Dev.	1	1933–1933
Rutter v. Small neutral md · 1887 1 sentence 1926The conveyance of the entire property by one cotenant to a stranger ® * * constitutes an ouster of the other cotenants, and information of that fact 199 need not be direct. * * The appellants could not, in tbe face of tbe exclusive appropriation of the rents by tbe cotenants in possession for so long a period of time, close their eyes and wait until some direct information bad been communicated to them of a hostile claim.” “A conveyance ® * * in fee, and entry under it, and possession, are notorious and unequivocal acts of ownership of such a nature as to give notice to the cotenant that th	1	1926–1926

Statutes the citing opinions construe

MT § Mont. Code Ann. § 70-19-401 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 96 (1912–2026) NY 44 (1878–2025) AL 25 (1883–2025) KY 23 (1914–2025) CA 19 (1888–2026) MO 18 (1907–2019) AR 15 (1915–2025) MI 14 (1911–2025) MT 11 (1926–2007) TN 8 (1950–2024) MD 7 (1970–2024) MS 7 (1905–1981) WY 7 (1995–2023) IA 6 (1916–2017) WI 6 (1898–2014) ND 5 (1909–2018) WV 5 (1908–1971) VA 4 (1919–1998) NC 3 (1924–1969) HI 3 (1937–2013) PA 3 (1924–1974) MN 3 (1949–1994) RI 3 (2001–2014) VI 3 (2000–2012) ME 2 (1997–2002) OH 2 (1961–2008) KS 2 (1910–2015) OK 2 (1940–1980) NE 2 (1912–1938) CO 2 (1975–2008) NV 2 (1992–2022) OR 2 (1912–1980) IL 2 (1958–1976) GA 2 (1936–1954) WA 2 (1957–1978)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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