Riley v. Blacker
Montana Supreme Court
Appeal from District Court, Broadwater County,; John A. Matthews, Judge. Suit by Harry Riley against Jacob Blacker and others. From an adverse judgment and an order refusing a new trial, certain defendants appeal.
Read the full summary
Appeal from District Court, Broadwater County,; John A. Matthews, Judge. Suit by Harry Riley against Jacob Blacker and others. From an adverse judgment and an order refusing a new trial, certain defendants appeal. "When a complainant seeks the aid of a court of equity, it is incumbent upon him to state in his complaint every fact, clearly and definitely, that is necessary to entitle him to relief, and if he omits essential facts, or states such facts therein as show that he is not entitled to relief, it is fatal to his action. (Johnson v. McKinnon, 45 Fla. 388, 34 South. 272.) Where it…
1Opinion of the CourtJustice Sanneb
This suit was commenced on June 30, 1911. The complaint avers that on November 9, 1907, the plaintiff executed a warranty deed in form conveying the title to a certain piece of property in Badersburg worth $1,500 to Mrs. Fannie Blacker, for the consideration of $1,200; that said deed was, in fact, intended as a mortgage to secure the payment of a loan by her to the plaintiff in the sum of $350, “which sum was to be repaid within a reasonable time, and at least one year, ’ ’ with interest at eight per cent; that on May 8, 1908, Fannie Blacker died intestate, and Jacob Blacker, her husband, was…
2Cases cited18 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- Adams v. StenehjemMontana Supreme Court · 1915
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Landrum v. Union BankSupreme Court of Missouri · 1876
- Bell v. HudsonCalifornia Supreme Court · 1887
13 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Lewis v. BowmanMontana Supreme Court · 1942
- Montgomery v. First National BankMontana Supreme Court · 1943
- Clary v. FlemingMontana Supreme Court · 1921
- Mitchell v. Banking Corp. of MontanaMontana Supreme Court · 1928
- First State Bank v. MussigbrodMontana Supreme Court · 1928
34 more not listed; retrieve them via the Exa API.