Buhler v. Loftus
Montana Supreme Court
Appeal from District Court, Flathead County; T. A. Thompson, Judge. Suit to cancel mortgage and notes by A. J. Buhler and another against W. J. Loftus and others. Decree for plaintiffs and defendants Loftus appeal. As applicable not only to the question of the insufficiency of the amended complaint but to the case on its merits, it may be stated as a general principle that courts of equity are slow to grant relief in cases of this character.
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Appeal from District Court, Flathead County; T. A. Thompson, Judge. Suit to cancel mortgage and notes by A. J. Buhler and another against W. J. Loftus and others. Decree for plaintiffs and defendants Loftus appeal. As applicable not only to the question of the insufficiency of the amended complaint but to the case on its merits, it may be stated as a general principle that courts of equity are slow to grant relief in cases of this character. (Oppenheimer v. Clunie, 142 Cal. 313, 75 Pac. 899; Bretthauer v. Foley, 15 Cal. App. 19, 113 Pac. 356.) Statements made which are mere matters of opinion…
1Opinion of the CourtChief Justice Brantly
The plaintiffs, A. J. and J. M. Buhler, are father and son. On October 14, 1913, the latter executed and delivered to the defendant W. J. Loftus, a resident of Chicago, Illinois, his promissory note, negotiable in form, for the sum of $2,000, due and payable three years after date with interest at eight per cent *551per annum. To secure the payment of the note he executed and delivered to Loftus a mortgage upon certain lands owned by him and situate in Flathead county. The mortgage was duly recorded on October 23. The $2,000 was the purchase price, agreed to be paid to Loftus by A. J. Buhler, of…
2Cases cited25 opinions
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- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
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- Finlen v. HeinzeMontana Supreme Court · 1903
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3Cited by58 opinions
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- Nesbitt v. City of ButteMontana Supreme Court · 1945
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