Hull v. Diehl
Montana Supreme Court
Appeal from District Court, Lewis a/nd Clarke County; II. R. Buck, Judge. Action by Calvin E. Hull against George B. Diehl and others. Judgment for defendants. Plaintiff appealed.
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Appeal from District Court, Lewis a/nd Clarke County; II. R. Buck, Judge. Action by Calvin E. Hull against George B. Diehl and others. Judgment for defendants. Plaintiff appealed. By the great weight of authority in this country the assignee of a negotiable promissory note secured by a real estate mortgage, who purchases such note for a valuable consideration, before maturity, takes such note and the mortgage securing the same free and clear of all equities and defenses. {Carpenter v. Long an, 16 Wall. 271; Dulin v. Hunter, 13 So. 301; Jones on Mortgages, §§ 834 and 1487; Beach’s Equity…
1Opinion of the CourtPigott, J.
On this appeal the only question presented is whether- the mortgages, of which the plaintiff is assignee, are liens entitled to precedence over the mortgage lien of the defendant bank.
The material facts are admitted, and may be summarized as follows: On January 15, 1892, defendant Thornburgh, to secure the payment of his note for $12,155, executed to defendant First National Bank a mortgage upon certain city lots in Helena, Mont., then owned by him. The mortgage was not recorded until July 22, 1893. On April 9, 1892, Thorn-burgh conveyed the lots by warranty deed, dated March 1, 1892, to…
2Cases cited14 opinions
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885
- Gordon v. RixeySupreme Court of Virginia · 1882
- Eversdon v. MayhewCalifornia Supreme Court · 1890
- Bamberger v. GeiserOregon Supreme Court · 1893
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3Cited by25 opinions
- Wilkins v. McCorkleTennessee Supreme Court · 1904
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Mullins v. Butte Hardware Co.Montana Supreme Court · 1901
- Custer Con. Mines Co. v. City of HelenaMontana Supreme Court · 1916
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