Wilcox v. Schissler
Montana Supreme Court
Appeal from District Court, Yellowstone County; A. C. Spencer, Judge. Action by Mary A. Wilcox against Helen Schissler and another to foreclose mortgage. From a judgment for defendants and denial of a new trial, plaintiff appeals. The evidence shows that the plaintiff took no part whatever in any false or fraudulent representations made by Eugene F. Gateley, and no hint is suggested that the plaintiff had any knowledge that any false representations were being made.
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Appeal from District Court, Yellowstone County; A. C. Spencer, Judge. Action by Mary A. Wilcox against Helen Schissler and another to foreclose mortgage. From a judgment for defendants and denial of a new trial, plaintiff appeals. The evidence shows that the plaintiff took no part whatever in any false or fraudulent representations made by Eugene F. Gateley, and no hint is suggested that the plaintiff had any knowledge that any false representations were being made. Personally, she was innocent, and declared to be so by the defendants themselves. The burden of proving fraud is always upon the…
1Opinion of the CourtChief Justice Brantly
This action was brought to obtain foreclosure of a mortgage upon lands situate in Yellowstone county, alleged to have been executed by defendants to plaintiff on September 21, 1908, to secure the payment of a promissory note for $1,296. The note is of even date with the mortgage, and by its terms is made payable two years thereafter, with interest at the rate of ten per cent per annum, payable annually. The plaintiff also seeks recovery of taxes on the lands, which she alleges she paid for the years 1909-1914, inclusive, with interest on each payment from the date thereof, and to have the…
2Cases cited16 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Western Manufacturing Co. v. CottonCourt of Appeals of Kentucky · 1907
- Moss v. GoodhartMontana Supreme Court · 1913
- Bordeaux v. BordeauxMontana Supreme Court · 1911
- Grindrod v. Anglo-American Bond Co.Montana Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. SayigCalifornia Court of Appeal · 1951
- Marcellus v. WrightMontana Supreme Court · 1923
- Ebaugh v. BurnsMontana Supreme Court · 1922
- Hinerman v. BaldwinMontana Supreme Court · 1923
- Hjermstad v. BarkulooMontana Supreme Court · 1954
3 more not listed; retrieve them via the Exa API.