Hamilton v. Hamilton
Montana Supreme Court
Appeal, from District Court, Fergus County, Tenth Judicial District; J. B. Leslie, a Judge of the Eighth Judicial District, presiding. Action by Robert E. Hamilton against Robert S. and Mary A. Hamilton. Judgment for plaintiff. Defendants appeal from it and an order denying them a new trial. Plaintiff is not entitled to be allowed to redeem.
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Appeal, from District Court, Fergus County, Tenth Judicial District; J. B. Leslie, a Judge of the Eighth Judicial District, presiding. Action by Robert E. Hamilton against Robert S. and Mary A. Hamilton. Judgment for plaintiff. Defendants appeal from it and an order denying them a new trial. Plaintiff is not entitled to be allowed to redeem. He has waived the benefit of any tenders made and the right to redeem by attacking the validity of the sale and insisting upon the invalidity as the primary ground of relief. (Bunting v. Haskell, 152 Cal. 426, 93 Pac. 110.) The respondent’s right of…
1Opinion of the CourtChief Justice Brantly
This action was brought by the plaintiff against the defendants, his father and mother, to procure a decree directing the cancellation of four sheriff’s deeds covering lands sold on foreclosure and execution sales belonging to the plaintiff, or permitting the plaintiff to exercise the right of redemption. The events out of which the controversy arose may be stated as follows:
On May 29, 1907, the plaintiff was the owner of several pieces of real estate which, for convenience, may be referred to as the McDonald, Diehl & Mohler, Sloan and Knudson ranches, besides two quartz lode mining claims…
2Cases cited41 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- Graffam v. BurgessSupreme Court of the United States · 1886
- Barnitz v. BeverlySupreme Court of the United States · 1896
- Schroeder v. YoungSupreme Court of the United States · 1896
- McMillan v. RichardsCalifornia Supreme Court · 1858
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- Williard v. CampbellMontana Supreme Court · 1932
- Libby Lumber Co. v. Pacific States Fire InsuranceMontana Supreme Court · 1927
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