Legal Opinion

Lynch v. Herrig

Montana Supreme Court

Decided March 31, 1905No. 2,065PublishedCited by 18 opinions

Appeal from District Court, Flathead County; D. F. Smith, Judge. Suit by Obarles A. Lyncb against Fred Herrig and another. From a judgment for plaintiff, Herrig appeals.

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Appeal from District Court, Flathead County; D. F. Smith, Judge. Suit by Obarles A. Lyncb against Fred Herrig and another. From a judgment for plaintiff, Herrig appeals. Before a trust can arise from tbe circumstance that the purchase price is paid by one parson and the title taken in the name of another, it must be shown that the plaintiff is without legal remedy; that a whole, not a part, of the purchase price was paid by the plaintiff; that such purchase price must be paid by the person claiming the trust at the time of the conveyance, or that the plaintiff assumed an absolute obligation…

1Opinion of the Court

MR. COMMISSIONER CLAYBERG

prepared the. opihr - ion for the court.

*271Appeal by defendant from a final judgment, and from an order overruling a motion for a new trial.

Tbe material allegations of tbe complaint are as follows: That on or about the 29th day of December, 1899, the defendant, for and in behalf of himself and plaintiff, entered into a contract with the Northern Pacific Railway Company for the purchase of the south half of section 19, township 28 north, of range 25 west, for the sum of $610, payable in annual installments of $106.60; that the first payment was made on or about the 29th…

2Cases cited12 opinions

  1. Currence v. WardWest Virginia Supreme Court · 1897
  2. Van Buskirk v. Van BuskirkIllinois Supreme Court · 1893
  3. Millard v. HathawayCalifornia Supreme Court · 1865
  4. Milner v. FreemanSupreme Court of Arkansas · 1882
  5. Murry v. SellWest Virginia Supreme Court · 1884

7 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. McQuay v. McQuayMontana Supreme Court · 1928
  2. Marcellus v. WrightMontana Supreme Court · 1916
  3. Humbird v. ArnetMontana Supreme Court · 1935
  4. Platts v. PlattsMontana Supreme Court · 1959
  5. First State Bank v. MussigbrodMontana Supreme Court · 1928

13 more not listed; retrieve them via the Exa API.

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