Elling v. Fine
Montana Supreme Court
Appeal from District Court, Madison County; J. B. Poindexter, Judge. Action by Mary E. Elling and others against Benjamin J. Fine. From a judgment for plaintiffs and an order denying new trial, defendant appeals.
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Appeal from District Court, Madison County; J. B. Poindexter, Judge. Action by Mary E. Elling and others against Benjamin J. Fine. From a judgment for plaintiffs and an order denying new trial, defendant appeals. The defense of laches is not available to the plaintiffs under sections 5728 and 6454, Revised Codes, and the following decisions: Grogan v. Valley Trading Co., 30 Mont. 229, 76 Pac. 211; Hannah v. Vensel, 19 Idaho, 796, 116 Pac. 115; McPherson v. Haywcu'd, 81 Me. 329, 17 Atl. 164; Jones on Mortgages, sec. 330. Even apart from this statute, we submit that the doctrine of laches could…
1Opinion of the CourtJustice Sanner
In this case it is admitted by the pleadings, established by uncontradicted evidence, or found by the court: That the defendant, B. J. Pine (the appellant here), and one J. H. Pankey were, on January 28, 1895, indebted to Henry Elling in the sum of $93,494.62, all incurred in the purchase, maintenance and operation of certain mining properties situate in Madison county, among them ten unpatented claims and mill sites, referred to as the “Easton group,” which are the subject of the present controversy. On that day Pine and Pankey executed, and a few days later delivered to Elling, an…
2Cases cited24 opinions
- Hayward v. National BankSupreme Court of the United States · 1878
- Parchen v. ChessmanMontana Supreme Court · 1914
- Leggett v. Standard Oil Co.Supreme Court of the United States · 1893
- Adams v. StenehjemMontana Supreme Court · 1915
- Riley v. BlackerMontana Supreme Court · 1915
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3Cited by9 opinions
- Lewis v. BowmanMontana Supreme Court · 1942
- Welch v. ThomasMontana Supreme Court · 1936
- Kofoed v. BrayMontana Supreme Court · 1923
- In Re Day's EstateMontana Supreme Court · 1947
- Isom v. LarsonMontana Supreme Court · 1927
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