Baker v. Bartlett
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action for reformation and foreclosure of mortgage. Judgment was rendered for the intervenor by Brantley, J. Statement of the case by the justice delivering the opinion. The plaintiff in this case appeals from a judgment rendered in favor of the intervenor, L. H. Sinclair. The plaintiff, Hannah Baker, commenced the action to foreclose a mortgage against J. H. Bartlett and wife. The Bartletts defaulted.
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Appeal from Third Judicial District, Deer Lodge County. Action for reformation and foreclosure of mortgage. Judgment was rendered for the intervenor by Brantley, J. Statement of the case by the justice delivering the opinion. The plaintiff in this case appeals from a judgment rendered in favor of the intervenor, L. H. Sinclair. The plaintiff, Hannah Baker, commenced the action to foreclose a mortgage against J. H. Bartlett and wife. The Bartletts defaulted. Sinclair filed a complaint in intervention. The case was tried as between the plaintiff and the intervenor. We will not recite the…
1Opinion of the CourtDe Witt, J.
Two questions are presented by this appeal. First: The plaintiff contends that the intervenor was guilty of negligence in not further examining the records for in-cumbrances. There is nothing meritorious in this contention, for no matter what examination had been made of the records no incumbrance would have been found upon lot 16, block 57, which was the property owned by the mortgagors. The fact that they had given the mortgage on lot 16, block 67, *448was not notice that they intended it to be a mortgage on lot 16, block 57. (Goodrich Lumber Co. v. Davie, 13 Mont. 76.)
The other question is the…
2Cases cited6 opinions
- Hoag v. HowardCalifornia Supreme Court · 1880
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- Hammond v. PaxtonMichigan Supreme Court · 1885
- Seibel v. BathWyoming Supreme Court · 1895
- Goodrich Lumber Co. v. DavieMontana Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Merrick v. PattisonWashington Supreme Court · 1915
- Poncelet v. EnglishMontana Supreme Court · 1990
- Ely v. HoidaMontana Supreme Court · 1924