Shackleton v. Allen Chapel African Methodist Episcopal Church
Montana Supreme Court
Appeal from District Court, Silver Boiu County; John Lindsay, Judge. Action to foreclose a mortgage by J. W. Shackletoii against the Allen Chapel African Methodist Episcopal Church, S. V. Kemper and another. From a judgment in favor of defendants Kemper, plaintiff appeals.
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Appeal from District Court, Silver Boiu County; John Lindsay, Judge. Action to foreclose a mortgage by J. W. Shackletoii against the Allen Chapel African Methodist Episcopal Church, S. V. Kemper and another. From a judgment in favor of defendants Kemper, plaintiff appeals. Assuming that the evidence shows a title in defendant, S. V. Kemper, prior and superior to plaintiff’s' lien, nevertheless the undisputed evidence in this case shows that plaintiff has an equitable mortgage upon the premises, and such an interest therein as will entitle him to redeem, and not having been made a party to the…
1Opinion of the CourtJustice Pigott
On the 6th day of July, 1892, the Allen Chapel African Methodist Episcopal Church, a corporation created under the laws of Montana, executed to Simeon V. Kemper its mortgage of land to secure the payment of its promissory note of that day for $3,500. On the 15th day of August, 1892, the mortgage was recorded in the office of the county clerk and recorder of Silver Bow couiity, Montana, in which county the land mortgaged is situate. On the first day of October, 1892, a mortgage purporting to be “between the trustees of the Allen Chapel A. M. E. Church, of Butte City, Montana, party of the…
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