Lewis v. Lindley
Montana Supreme Court
Appeal from District Court, Callatim, Cou/nty. F. K. Armstrong, Judge. Action by Thomas Lewis against Joseph M. Lindley, and Eachel M. Lindley to establish and enforce an equitable lien on land. From a decree for plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion. Appeal from a judgment and an order overruling defendants’ motion for a new trial.
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Appeal from District Court, Callatim, Cou/nty. F. K. Armstrong, Judge. Action by Thomas Lewis against Joseph M. Lindley, and Eachel M. Lindley to establish and enforce an equitable lien on land. From a decree for plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion. Appeal from a judgment and an order overruling defendants’ motion for a new trial. The allegations of the complaint substantially are that the defendants and appellants are husband and wife; that on September 12, 1888, one Susan E. Eouse owned a large amount of…
1Opinion of the CourtHunt, J.
Upon the trial of the case the respondent, Lewis, gave the following version of the circumstances under which he surrendered the $19,659 note:
“On September 28, 1894, Mr. Lindley stated to me that he had finally made a settlement, or rather a compromise, with *434Bouse, and he went on to tell me what it was, and said, ‘I think that is better than a lawsuit, don’t you?’ I said, ‘I don’t know. ’ He said that they were working on the deed, but, in order to get that deed, — to get a deed for the property, — he would have to get the Rouse note of me. I said, ' ‘What am I to do?’ I said, ‘That is my…
Also in this document: Concurrence.
2Cases cited7 opinions
- Weber v. RothchildOregon Supreme Court · 1887
- Zimmer v. MillerCourt of Appeals of Maryland · 1885
- Callan v. StathamSupreme Court of the United States · 1860
- Reagan v. HadleyIndiana Supreme Court · 1877
- Yellowstone National Bank v. GagnonMontana Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Arntson v. First National BankNorth Dakota Supreme Court · 1918
- Koopman v. MansolfMontana Supreme Court · 1915
- Mather v. MusselmanMontana Supreme Court · 1927
- Huffine v. LincolnMontana Supreme Court · 1916
- United States v. HillDistrict Court, D. Colorado · 1914