Possession of land in Montana under claim of title for more than
three years prior to August 1, 1877, perfected title as against
adverse claimants.
Ejectment for a town lot in Montana. Defendant in error as
plaintiff below claimed under a deed from the probate judge as
trustee and mesne conveyances, and relied on a continued possession
under claim of title from August, 1870, to October, 1877. The
defendant below also claimed title from the probate judge as
trustee through mesne conveyances. Judgment for plaintiff, which
was affirmed by the supreme court of the territory. The defendant
brought this writ of error.
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
This judgment is affirmed. The jury has found as a fact that
Mrs. Sullivan, the defendant in error, was in the actual possession
of the property, under a claim of title, from August 2, 1870, until
October 4, 1877. This, of course, includes the time from the 22d of
February, 1873, when it is claimed the adverse title of Dunphy
began, to October 4, 1877. It sufficiently appears that the court
directed the jury to find upon the special issues submitted, and no
complaint is made of the charge as to what was necessary to create
a title by adverse possession. We are not permitted to inquire
whether the evidence was sufficient to support the verdict. From a
time prior to February 22, 1873, until August 1, 1877, a title
could be acquired, under the statutes of Montana, by three years'
adverse possession. After that, it required five years. It follows
that
Page 117 U. S. 347
Mrs. Sullivan's title to the property was perfected by her
adverse possession before Dunphy entered into actual possession,
and that the judgment in her favor on the special findings, as well
as on the general verdict, was right.
Affirmed.