Ringling v. Smith River Development Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Suit by John Ringling against the Smith River Development Company. Judgment for plaintiff, and defendant appeals. The agreements between plaintiff and defendant effected and constituted liens and mortgages on real property, to wit, on interests in real estate and the district court in and for Lewis and Clark county had no jurisdiction of the action.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Suit by John Ringling against the Smith River Development Company. Judgment for plaintiff, and defendant appeals. The agreements between plaintiff and defendant effected and constituted liens and mortgages on real property, to wit, on interests in real estate and the district court in and for Lewis and Clark county had no jurisdiction of the action. Exhibit “A” (the Catlin contract) is a bilateral contract. It comes, in all respects, within the rules stated in Story on Equity Jurisprudence, ninth edition, section 790,…
1Opinion of the CourtJustice Holloway
On October, 28,1910, the Smith River Development Company, a Montana corporation, with its principal place of business at Helena, executed and delivered to John Ringling its promissory note for $16,000, due six months after date with interest at eight per .cent per annum. About the same time it procured a contract for the purchase of certain lands in Meagher county known as the Catlin lands, payment for which was to be made in installments covering a period extending to February, 1914. The defendant, having paid two installments due upon the contract, went into possession of the land, and…
2Cases cited7 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Winslow v. DundomMontana Supreme Court · 1912
- Dewey v. BowmanCalifornia Supreme Court · 1857
- Toole v. WeirickMontana Supreme Court · 1909
- Smith v. JonesUtah Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wieri v. Anaconda Copper Mining Co.Montana Supreme Court · 1945
- Gilna v. BarkerMontana Supreme Court · 1927
- Gibbons v. HuntsingerMontana Supreme Court · 1937
- Kosonen v. WaaraMontana Supreme Court · 1930
- C. I. T. Corporation v. ElliottIdaho Supreme Court · 1945
5 more not listed; retrieve them via the Exa API.