Tyler v. Tyler
Montana Supreme Court
Appeal from District Court, Missoula Countyj John E. Patterson, Judge. Action by Jane Tyler against George M. Tyler and another. From a decree for plaintiff, defendants appeal. Cause submitted on briefs of counsel.
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Appeal from District Court, Missoula Countyj John E. Patterson, Judge. Action by Jane Tyler against George M. Tyler and another. From a decree for plaintiff, defendants appeal. Cause submitted on briefs of counsel. Where a deed is delivered as an escrow and afterward, and before the second delivery, the grantor becomes incapable of making a deed, the deed shall be considered as taking effect from the first delivery, in order to accomplish the intent of the grantor, which would otherwise be defeated by intervening incapacity. (Emmons v. Harding, 162 Ind. 154, 1 Ann. Cas. 864, 70 N. E. 142;…
1Opinion of the CourtChief Justice Bbantly
This action was brought by plaintiff to have allotted to her her dower in the estate of her deceased husband. The case was submitted to the court sitting without a jury, upon an agreed statement of facts which may be epitomized as follows: On October 28, 1909, Charles J. Tyler and the plaintiff, as husband and wife, entered into a contract with Hugh Forbis and E. L. P. E'ctor, under the terms of which the latter were, for the consideration of $500, given the exclusive right to purchase certain lands belonging to the former, situate in Granite county, for *69the sum of $12,000. The lands were…
2Cases cited10 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Davis v. ClarkSupreme Court of Kansas · 1897
- Bostwick v. McEvoyCalifornia Supreme Court · 1881
- Goodpaster v. LeathersIndiana Supreme Court · 1890
- Chadwick v. TatemMontana Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kern v. RobertsonMontana Supreme Court · 1932
- Silfvast v. AsplundMontana Supreme Court · 1933
- Mathews v. MarsdenMontana Supreme Court · 1924
- Read v. Lewis & Clark CountyMontana Supreme Court · 1919
- Awbery v. SchmidtMontana Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.