Dunne v. Yund
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Suit by Orson H. Dunne, an incompetent, by Anna L. Dunne, his guardian, against Ida Yund and others. From a decree in favor of plaintiff, defendants appeal. The doctrines of equity jurisprudence forbid the granting of any relief because the statutory legal remedy was adequate.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Suit by Orson H. Dunne, an incompetent, by Anna L. Dunne, his guardian, against Ida Yund and others. From a decree in favor of plaintiff, defendants appeal. The doctrines of equity jurisprudence forbid the granting of any relief because the statutory legal remedy was adequate. (Wilson v. Harris, 21 Mont. 374, 400, 54 Pac. 46; Yantilburg v. Black, 3 Mont. 459; McCormick v. Hubbell, 4 Mont. 87, 5‘ Pac. 314; Baer v. Higson, 26 Utah, 78, 72 Pac. 180; Ede v. Hasten, 61 Cal. 360; Eloke v. Cardéis, 52 Neb. 117, 71 N. W. 955;…
1Opinion of the CourtChief Justice Brantly
On July 26, 1909, Orson H. Dunne, the plaintiff, was the owner of 1,279.65 acres of farm land situate in Lewis and Clark county. He was indebted to Jacob A. Yund in the sum of $3,000. On that date, by warranty deed, he conveyed all of these lands to Yund. At the same time Yund and his wife, *28Ida, entered into a written agreement with plaintiff to reconvey to him the lands upon these conditions: That he would pay to them at the expiration of three years the sum of $3,000; that he would annually pay interest on this sum at the rate of eight per cent per annum, and all taxes, assessments, etc.,…
2Cases cited17 opinions
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Wilson v. HarrisMontana Supreme Court · 1898
- Gassert v. BogkMontana Supreme Court · 1888
- Murray v. Butte-Monitor Tunnel Mining Co.Montana Supreme Court · 1910
- Lokowich v. City of HelenaMontana Supreme Court · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bullard v. ZimmermanMontana Supreme Court · 1928
- Federal Land Bk. of Spokane v. Gallatin Co.Montana Supreme Court · 1929
- Meyer v. LemleyMontana Supreme Court · 1929
- Moser v. FullerMontana Supreme Court · 1938
- St. Paul Fire & Marine Insurance v. FreemanMontana Supreme Court · 1927
6 more not listed; retrieve them via the Exa API.