American Savings & Loan Ass'n v. Burghardt
Montana Supreme Court
Appeal from, District Court, Cascade County. C. H. Benton, Judge. Action by the American Savings & Loan Association against Harry D. Burghardt, Clara E. Burghardt, his wife, and Arthur E. Dickerman to foreclose a mortgage. From a judgment in favor of defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion.
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Appeal from, District Court, Cascade County. C. H. Benton, Judge. Action by the American Savings & Loan Association against Harry D. Burghardt, Clara E. Burghardt, his wife, and Arthur E. Dickerman to foreclose a mortgage. From a judgment in favor of defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action brought by the plaintiff to recover judgment for the payment of the following note or instrument: “Great Falls, Montana, December 7th, 1888. §3,000.00. For value received, on or before nine years from date, I promise to pay to the order…
1Opinion of the CourtPemberton, C. J.
The first material question presented by this appeal is as to the validity of the mortgage. It is not disputed that the land in controversy was the homestead of the defendants at the date of the execution of the mortgage. This mortgage was executed and this suit brought under the Com*326piled Statutes of 1887. Section 323, Div. 1, of said statutes provides that a ‘ ‘mortgage or other alienation of such homestead by the owner thereof, if a married man, shall be void, unless the wife join in the execution of the conveyance théreof. ’ ’ The appellant admits that the acknowledgment is not such as is…
2Cases cited5 opinions
- Gleason v. SprayCalifornia Supreme Court · 1889
- Leonis v. LazzarovichCalifornia Supreme Court · 1880
- McLeran v. BentonCalifornia Supreme Court · 1872
- Moors v. SanfordCourt of Appeals of Kansas · 1895
- Montana Nat. Bank v. SchmidtMontana Supreme Court · 1887
3Cited by5 opinions
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- Kelly v. MosbySupreme Court of Oklahoma · 1912
- Anderson v. StadlmannWashington Supreme Court · 1897
- Sloan v. YoungMontana Supreme Court · 1930
- O'Rourke v. Butte Lodge No. 14Montana Supreme Court · 1897