Montana Supreme Court December 21, 1908, No. 2,560 (Leyson v. Davenport)

MR. JUSTICE SMITH

delivered the opinion of the court.

The district court of Silver Bow county sustained a motion to exclude all evidence under the following complaint:

“For cause of action against said defendants, plaintiff complains and alleges:

“ (1) That on the-day of July, 1899, plaintiff’s predecessor in interest, James S.