Legal Opinion

First National Bank of Helena v. Roberts

Montana Supreme Court

Decided January 15, 1890PublishedCited by 13 opinions

Appeal from First Judicial District, Dewis and Clarke County. The cause was tried before Blake, C. J. The court erred in refusing to give instructions 7 and 8 asked by the defendants, to wit: 7th.

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Appeal from First Judicial District, Dewis and Clarke County. The cause was tried before Blake, C. J. The court erred in refusing to give instructions 7 and 8 asked by the defendants, to wit: 7th. “That if you believe from the evidence that the notary, A. K. Barbour, who took the acknowledgment of the deed, was the attorney and nephew of S. Hauser, for whose benefit it was made, and that said Barbour ■was a member of the firm of Bullard and Barbour, attorneys, who had charge of the procurement of the said conveyance, and that they, as such, were personally interested in the said conveyance,…

1Opinion of the CourtHarwood, J.

Appeal from the District Court in and for Lewis and Clarke County, First District of Montana. This is an action in the nature of ejectment, brought by the First National Bank of Helena, respondent, to obtain a decree for the recovery of possession of lots 1, 2, and 3, and the southerly 19J feet front of lot No. 4, and lots Nos. 9 and 17, all in block 48, in the town site of Helena, Lewis and Clarke County, Territory of Montana, alleged to be unlawfully withheld from respondent by the appellants. The complaint avers “that on the twenty-seventh day of September, 1886, the plaintiff was the…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. National Bank v. WhitneySupreme Court of the United States · 1881
  3. Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
  4. Fortier v. New Orleans National BankSupreme Court of the United States · 1884
  5. Commissioners of Custer County v. Commissioners of Yellowstone CountyMontana Supreme Court · 1886

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Ball v. GussenhovenMontana Supreme Court · 1904
  2. Finlen v. HeinzeMontana Supreme Court · 1903
  3. Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
  4. National Cash Register Co. v. LeskoSupreme Court of Connecticut · 1904
  5. Musselshell Valley Farming & Livestock Co. v. CooleyMontana Supreme Court · 1929

8 more not listed; retrieve them via the Exa API.

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