Curtis v. Valiton
Montana Supreme Court
Appeal from Second District, Deer Lodge County. The judgment was rendered by Knowles, J. The case of Wiebbold v. Hermann decides a pleading void for uncertainty by using initials only for Christian name. For the same reason a mortgage in the same condition should be held void. A conveyance void in part is void in toto, upon the same principle that a law unconstitutional in part is so altogether.
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Appeal from Second District, Deer Lodge County. The judgment was rendered by Knowles, J. The case of Wiebbold v. Hermann decides a pleading void for uncertainty by using initials only for Christian name. For the same reason a mortgage in the same condition should be held void. A conveyance void in part is void in toto, upon the same principle that a law unconstitutional in part is so altogether. United States v. Heed, 2 Otto, 221. There is a material difference between fraud in law and fraud in fact, as in the case of a conveyance made by a debtor to his wife. The instrument in this case must…
1Opinion of the CourtWade, C. J.
This is an action by plaintiff to foreclose a mortgage against the defendant Heath; the other defendants are judgment creditors who seek to set aside the mortgage as fraudulent and void.
The first question raised by the contesting defendants, which arose upon a demurrer to the complaint, is that the mortgage is .void for uncertainty, in that the mortgagee is described in the mortgage as Mrs. A. B. Curtis ; that such a designation is not a name; that the mortgage fails to name a mortgagee, and is therefore void. The case of Wiebbold v. Hermann, 2 Mon. 609, is *155chiefly relied on to support this…
2Cases cited7 opinions
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Burnhisel v. FirmanSupreme Court of the United States · 1875
- Mowry v. BishopNew York Court of Chancery · 1835
- Sanford v. WheelerSupreme Court of Connecticut · 1839
- Steele v. WardSupreme Court of Iowa · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McCormick v. BrevigMontana Supreme Court · 2007
- Stanford v. CoramMontana Supreme Court · 1902
- Palmer v. MurrayMontana Supreme Court · 1888
- Palmer v. MurrayMontana Supreme Court · 1889
- State v. RileyMontana Supreme Court · 1982