Legal Opinion

Washington v. Slack

Montana Supreme Court

Decided June 13, 1991No. 91-044PublishedCited by 2 opinions

1Opinion of the CourtJustice Gray

The appellants, Les Hardy, Jr. and Bert E. Amlund, appeal from the Judgment and Decree of Foreclosure of the District Court of the Thirteenth Judicial District, Carbon County, granting summary judgment to the respondent, Dennis R. Washington, as to lien priority. We affirm.

The dispositive issue on appeal is whether the District Court erred in concluding that the error contained in the respondent’s mortgage was not material and therefore, as a matter of law, that the appellants, as subsequent judgment lienholders, had constructive notice of the respondent’s prior recorded mortgage.

On May 9,…

2Cases cited5 opinions

  1. Furness v. LaughlinMontana Supreme Court · 1954
  2. Guerin v. Sunburst Oil & Gas Co.Montana Supreme Court · 1923
  3. Jackson v. Burlington Northern Inc.Montana Supreme Court · 1983
  4. Poncelet v. EnglishMontana Supreme Court · 1990
  5. Ely v. HoidaMontana Supreme Court · 1924

3Cited by2 opinions

  1. Miller v. Snavely (In Re Snavely)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  2. B-Bar Tavern Inc. v. Prairie Mountain Bank (In re B-Bar Tavern Inc.)United States Bankruptcy Court, D. Montana · 2013

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