Legal Opinion

National Bank v. Ingle

Montana Supreme Court

Decided March 31, 1917No. 3,744PublishedCited by 7 opinions

Appeals from District Court, Sweet Grass County; Albert P. ■ Stark, Judge. Action by tbe National Bank of Gallatin Yalley against Ernest Ingle and others. From a judgment denying plaintiff any relief as against defendant Parham, and from an order refusing a new trial, plaintiff appeals.

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Appeals from District Court, Sweet Grass County; Albert P. ■ Stark, Judge. Action by tbe National Bank of Gallatin Yalley against Ernest Ingle and others. From a judgment denying plaintiff any relief as against defendant Parham, and from an order refusing a new trial, plaintiff appeals. The protection given to an innocent purchaser as against a mortgage of which he had no knowledge rests upon the principle that a man ought not to be prejudiced in his rights by facts which he did not know, and which it cannot be said that he ought to have known; that as a purchaser he has parted with value in…

1Opinion of the Court

HONORABLE R. LEE McCULLOCH,

a Judge of the Fourth Judicial District, sitting in place of the Chief Justice, delivered the opinion of the court.

This action was brought to recover on a promissory note executed and delivered by defendant Ingle to plaintiff, and to foreclose a chattel mortgage, given to secure the same. From the judgment, in so far as it denied plaintiff any relief as against defendant Parham, and from an order refusing a new trial, these appeals are prosecuted.

The plaintiff alleges that defendant Wirak leased a band of ewe sheep to defendant Ingle for a term of three years. Ingle…

2Cases cited1 opinion

  1. Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912

3Cited by7 opinions

  1. Hoppin v. LongMontana Supreme Court · 1925
  2. Waddell v. School District No. 2Montana Supreme Court · 1925
  3. Berne v. StevensMontana Supreme Court · 1923
  4. Rasmussen v. Lee Co., Inc.Montana Supreme Court · 1937
  5. Bitterman v. ReinfeldSouth Dakota Supreme Court · 1953

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