Legal Opinion

Morrison v. Jones

Montana Supreme Court

Decided July 9, 1904No. 1,929PublishedCited by 13 opinions

Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by Elizabeth Morrison against J. 0. Jones and wife. Erom a judgment for defendants, and from an order overruling a motion for a new trial, plaintiff appeals.

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Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by Elizabeth Morrison against J. 0. Jones and wife. Erom a judgment for defendants, and from an order overruling a motion for a new trial, plaintiff appeals. “AVhere there is a deed and a contract to reconvey, and oral evidence has been introduced tending to show thát the transaction was one of security,' and leaving upon the mind a well-founded doubt as to the nature of the transaction, then courts of equity incline to construe the transaction as a mortgage.” (Morris v. Budlong, 78 N. Y. 543; Cosby v. Buchanan, 1…

1Opinion of the Court

MR. COMMISSIONER POORMAN

prepared the following opinion for the court:

This is an action to have a deed to certain real estate declared a mortgage, and for an accounting of the rents and profits. At the trial of the case the court sustained defendants' motion for a nonsuit, and entered judgment in favor of defendants. The plaintiff appeals from the judgment and from an order overruling her motion for a new trial.

1. It appears from the record that on the 11th day of May, 1898, John Noyes and wife, being then the owners of lot 2 in block 58 of the Butte townsite, leased the same to the plaintiff…

2Cases cited3 opinions

  1. Gassert v. BogkMontana Supreme Court · 1888
  2. Reed v. ParkerWashington Supreme Court · 1903
  3. Martin v. AllenSupreme Court of Kansas · 1903

3Cited by13 opinions

  1. Streicher v. MurrayMontana Supreme Court · 1907
  2. Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
  3. America Potato Co. v. Jeanette Bros.Supreme Court of North Carolina · 1917
  4. Murray v. Butte-Monitor Tunnel Mining Co.Montana Supreme Court · 1910
  5. Nolan v. BenninghoffMontana Supreme Court · 1922

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