Giddings v. Holter
Montana Supreme Court
Appeal from District Court. Lewis cmd Clarke County. Henry N. Blake, Judge. Action by Silas M. Giddings against A. M. Holter and others and the Castle Land Company. From a judgment for plaintiff as against all the defendants, the company and the * other defendants bring separate appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court. Lewis cmd Clarke County. Henry N. Blake, Judge. Action by Silas M. Giddings against A. M. Holter and others and the Castle Land Company. From a judgment for plaintiff as against all the defendants, the company and the * other defendants bring separate appeals. Statement of the case by the justice delivering the opinion. Action on covenants of warranty, and against the trustees of a corporation for failure to file annual reports and for a false report. The agreed statement of facts upon which this case was tried is substantially as follows : On August 5, 1890, one…
1Opinion of the CourtBuck, J.
The first question for decision is whether the covenant in plaintiff’s deeds embraces the United States. The *267covenant is against ‘ ‘all and every person or persons whomsoever, lawfully claiming, or to claim the same. ” We are of the opinion that the United States is a person, within the scope of its language. Republic of Honduras v. Soto, 112 N. Y. 310, 19 N. E. 845; Stanley v. Schwalby, 147 U. S. 517, 13 Sup. Ct. 418; Peters v. Grubb, 21 Pa. St. 455.) We are also of the opinion that when the Quinn entry was canceled the contingent obligation of the Castle Land Company on its covenant became…
2Cases cited9 opinions
- Chase v. CurtisSupreme Court of the United States · 1885
- Republic of Honduras v. . SotoNew York Court of Appeals · 1889
- Carver v. Braintree Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1843
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1876
- Warner v. CammackSupreme Court of Iowa · 1873
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