(Download) "Moore v. Adolph" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Moore v. Adolph
- Author : Supreme Court of Montana
- Release Date : January 09, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Submitted on Briefs March 8, 1990 The defendants appeal from an action in the Fourteenth Judicial District Court, Musselshell
County, partitioning the parties' undivided interests in 173 acres of real property and 150 acre feet of irrigation water.
We affirm In 1953 August Adolph and Arnold Johnson purchased a 173-acre tract of land on the Musselshell River. To irrigate
the land, they contracted with the Deadman's Basin Water User's Association to provide 150 acre feet of water annually. Arnold
Johnson eventually sold his undivided one-half interest in the real property to August's son and daughter-in-law, the current
appellants Wesley and Lois Adolph. In 1965, Arnold executed a Request for Release and Transfer of Water Purchase Contract
No 176 to assign the water contract to Wesley and Lois August, however, never signed the water contract release. The record
indicates that Ronald Belcher, secretary of the Water User's Association, prepared the Request for Release and Transfer at
Arnold Johnson's request. After Johnson signed the request, Belcher took the document to the home of August and his son Wesley.
August was absent so Wesley signed for his father as he often had on business checks-"August Adolph by Wesley Adolph." Although
August never saw the release, Belcher testified that during a discussion of the transfer, August gave his oral consent. Belcher
believed that Wesley was authorized to sign the release because August and Wesley had an oral agreement that Wesley would
receive the water. The Water User's Association subsequently approved the transfer and provided Wesley with the 150 acre feet
under Contract No. 176A. Wesley thereafter used the water and made all payments to the Association August Adolph died in 1983.
Under his will's residuary clause, his interest in the 173-acre tract passed in equal portions to his surviving heirs. The
respondents each took an undivided ten percent. Wesley took ten percent from his father's estate in addition to the fifty
percent purchased from Arnold Johnson The respondents petitioned the District Court to partition the property, to invalidate
the water contract transfer from August to Wesley, and to distribute August's interest in the water contract under the residuary
clause. After a hearing on the issue, the District Court found that the transfer violated the statute of frauds and was, therefore,
void. The court distributed August's one-half interest in the 150 acre feet of irrigation water under the residuary clause
The respondents each took a right to fifteen acre feet of water Wesley took fifteen acre feet under the residuary clause and
seventy-five acre feet under Arnold Johnson's release. Because the real property could not be partitioned without prejudice
to the parties, the District Court ordered it sold and the proceeds distributed according to ownership interests The appellants
raise the single issue of whether the District Court erred in concluding that the assignment of August Adolph's one-half interest
in the water contract to Wesley Adolph was void. They argue that Wesley acted as August's agent in executing the transfer
and that August ratified the transfer "Ratification exists upon the concurrence of three elements: