Trerise v. Bottego
Montana Supreme Court
Appeal from District.Court, Silver Bow County; E. W. Harney, Judge. Action by Emma Trerise against Mary H. Bottego, Thomas M. Hodgens, and others.
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Appeal from District.Court, Silver Bow County; E. W. Harney, Judge. Action by Emma Trerise against Mary H. Bottego, Thomas M. Hodgens, and others. Erom a judgment for plaintiff and an order overruling his motion for a new trial, defendant Hod-gens appeals. .Constructive notice from the record, being dependent upon purely statutory provisions, it naturally follows' that such effect will not be given to any and every recorded instrument, but only to such as fall within the statute. If an instrument has not been executed or acknowledged in the manner provided by law, to entitle it to record,…
1Opinion of the Court
MR. COMMISSIONER BLAKE
prepared the opinion for the court:
This is an appeal by Thomas M. Hodgens from a judgment and order overruling his motion for a new trial. There is no controversy about the facts, and only one question is presented for decision.
Mary H. Bottego owned real property in the county of Silver Bow, and made a mortgage thereon, January 24, 1898, to J. H. Trerise, to secure the payment of a promissory note and interest. Her husband, John B. Bottego, signed the note and mortgage. The mortgage is in the usual form, and the acknowledgment is as follows:
“State of Montana,
“County of…
2Cases cited3 opinions
- Carpenter v. DexterSupreme Court of the United States · 1869
- McCardia v. BillingsNorth Dakota Supreme Court · 1901
- Montgomery v. HornbergerCourt of Appeals of Texas · 1897
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- Copeland v. DabbsSupreme Court of Alabama · 1930
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