Leggat v. McLure
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Montana; Geo. M. Bourquin, Judge. Suit in equity by Charles D. McLure against Rod D. Leggat. Decree for complainant, and defendant appeals.
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Appeal from the District Court of the United States for the District of Montana; Geo. M. Bourquin, Judge. Suit in equity by Charles D. McLure against Rod D. Leggat. Decree for complainant, and defendant appeals. The appellee brought suit against the appellant to compel a conveyance of certain mining properties, alleged to be worth more than ¡¡>100,0.00 which had been levied upon on execution and offered for sale at Butte, Mont., on June 6, IMS, upon a judgment against the appellee. The bill alleged that the properties wore bid in by the appellant for $1,001.15, under an agreement which he had…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The findings of fact are all based upon evidence which is conflicting, and which was taken in open court, and they will not be disturbed by this court, in the absence of a showing that in arriving at the same, the court below erroneously applied some rule of evidence or found contrary to the decided weight of the testimony. Moore v. Moore, 121 Fed. 737, 58 C. C. A. 19; Tilghman v. Proctor, 125 U. S. 136, 8 Sup. Ct. 894, 31 L. Ed. 664; Tate v. Holmes, 76 Fed. 664, 22 C. C. A. 466.
[2] The evidence was that the appellant and the appellee were jointly…
2Cases cited4 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- McQueeney v. ToomeyMontana Supreme Court · 1907
- Moore v. MooreCourt of Appeals for the Ninth Circuit · 1903
- Tate v. HolmesCourt of Appeals for the Ninth Circuit · 1896