Northwestern Improvement Co. v. Rhoades
Montana Supreme Court
“That a note secured by mortgage is overdue does not prevent one holding it under an apparently valid transfer from the true owner from conferring a good title upon an innocent purchaser for value, although he secured the transfer by fraud.” (Gardner v. Beacon Trust Co., 190 Mass. 27, 112 Am. St. Rep. 303, 5 Ann. Cas. 581, 2 L. R. A. (n. s.) 767, 76 N. E. 455.) In the note to this case many cases are cited and distinguished. The ease of Young Men’s Christian Assn.
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“That a note secured by mortgage is overdue does not prevent one holding it under an apparently valid transfer from the true owner from conferring a good title upon an innocent purchaser for value, although he secured the transfer by fraud.” (Gardner v. Beacon Trust Co., 190 Mass. 27, 112 Am. St. Rep. 303, 5 Ann. Cas. 581, 2 L. R. A. (n. s.) 767, 76 N. E. 455.) In the note to this case many cases are cited and distinguished. The ease of Young Men’s Christian Assn. Gymnasium Co. v. Rockford Nat. Bank, 179 HI. 599, 70 Am. St. Rep. 135, 46 L. R. A. 753, 54 N. E. 297, is given as closely in…
1Opinion of the CourtJustice Sanner
Some time prior to January 23, 1907, James M. Rhoades, of Missoula, was employed by the plaintiff railway company to purchase certain lands near Turah in this state, among them the southeast quarter of section 35, township 13 north, range 18 west, and on that date he reported to the company through its land commissioner, Thomas Cooper, that an agreement had been concluded for the purchase of said tract, conveyance to be made by deed of “general warranty, showing a title good in law and equity,” for $5,500. Concluding to purchase at this price, the railway company, through Mr. Cooper, directed…
2Cases cited6 opinions
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Bergner v. BergnerSupreme Court of Pennsylvania · 1907
- Squire v. GreeneAppellate Division of the Supreme Court of the State of New York · 1898
- Dowd v. . HolbrookSupreme Court of North Carolina · 1910
- Gearon v. KearneyNew York Supreme Court · 1898
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3Cited by3 opinions
- Ingebrightsen v. HatcherMontana Supreme Court · 1930
- Alward v. Broadway Gold Min. Co.Montana Supreme Court · 1933
- Alward v. Broadway Gold Mining Co.Montana Supreme Court · 1933