Huffine v. Lincoln
Montana Supreme Court
Appeal from District Court, Fergus County, in the Tenth Judicial District; J. B. Poindexter, a Judge of the Fifth District, presiding. Action by Leonie Huffine against Alvin R. Lincoln and others. From a judgment in favor of plaintiff, defendants appeal.
Read the full summary
Appeal from District Court, Fergus County, in the Tenth Judicial District; J. B. Poindexter, a Judge of the Fifth District, presiding. Action by Leonie Huffine against Alvin R. Lincoln and others. From a judgment in favor of plaintiff, defendants appeal. While from the time of the making of the contract in 1903 until 1910, the contract existed and was capable of being enforced, when defendant Alvin R. Lincoln married, as he had a right to do, he was relieved from performing his part of the contract. (Owens v. McNally, 113 Cal. 444, 33 L. R. A. 369, 45 Pac. 710; Gall v. Gall, 19 N. Y. Supp.…
1Opinion of the CourtJustice Sanner
Stripped of legal verbiage, the findings of fact in this case [1] are: That on September 18, 1903, Alvin R. Lincoln and Mary E. Lincoln were husband and wife, living together as such; that Mary E. Lincoln was the owner in her own right of certain real estate which she then intended, and for a long time had intended, to convey to their only daughter, Leonie Huffine; that she was then dangerously ill and, resolving to carry out such intention, advised her husband accordingly; that he, possessing influence over her by reason of their confidential relations as husband and wife, exerted that…
2Cases cited13 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- Brison v. BrisonCalifornia Supreme Court · 1891
- Lauricella v. LauricellaCalifornia Supreme Court · 1911
- Stahl v. StahlIllinois Supreme Court · 1905
- Pollard v. McKenneyNebraska Supreme Court · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. ReedDistrict Court, S.D. New York · 1985
- Stagg v. StaggMontana Supreme Court · 1931
- Marshall v. MinlschmidtMontana Supreme Court · 1966
- Baird v. BairdMontana Supreme Court · 1951
- Baird v. BairdMontana Supreme Court · 1951
1 more not listed; retrieve them via the Exa API.