McKeever v. Oregon Mortgage Co.
Montana Supreme Court
Appeals from, District Court, Fergus County; Jack Briscoe, Judge. Action by Susie S. and Joseph B. McKeever against the Oregon Mortgage Company. Judgment for plaintiffs, and defendant appeals from the judgment and from an order denying a new trial. That the action brought by plaintiff may be maintained is established law in this jurisdiction. (Sec. 4970, Rev. Code; McDonald v. American Nat.
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Appeals from, District Court, Fergus County; Jack Briscoe, Judge. Action by Susie S. and Joseph B. McKeever against the Oregon Mortgage Company. Judgment for plaintiffs, and defendant appeals from the judgment and from an order denying a new trial. That the action brought by plaintiff may be maintained is established law in this jurisdiction. (Sec. 4970, Rev. Code; McDonald v. American Nat. Bank, 25 Mont. 456, 65 Pac. 896; Tatem v. Eglanol Mining Go., 45 Mont. 367, 123 Pae. 28; see, also, 13 C. J. 707; Morgam v. Overman Silver Min. Co., 37 Cal. 534; Burson v. Bogart, 49 Colo. 410, 113 Pae.…
1Opinion of the CourtJustice Holloway
On October 10, 1912, Susie S. McKeever and Joseph S. Mc-Keever sold and conveyed to Clara I. Kitts and Senia L. Kitts 320 acres of land in Fergus county for the consideration of $7,600. In order to make payment for the land, the purchasers obtained a loan from the Oregon Mortgage Company, Limited, and secured it by a mortgage upon the purchased property.
In the complaint herein it is alleged that $5,834 of the purchase price was paid to Mrs. McKeever on the day of the sale, and that the balance ($1,766) wras withheld pending the receipt of a patent to 160 acres of the land. It is further…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Burton v. LarkinSupreme Court of Kansas · 1887
- Chung Kee v. DavidsonCalifornia Supreme Court · 1887
- Bacon v. DavisCalifornia Court of Appeal · 1908
- Tatem v. Eglanol Mining Co.Montana Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- Woodhead Lumber Co. v. E. G. Niemann Investments, Inc.California Court of Appeal · 1929
- Le Ballister v. Redwood Theatres, Inc.California Court of Appeal · 1934
- Hensley v. United StatesDistrict Court, D. Montana · 1968
- Conley v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1934
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