Toole v. Weirick
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Suit by George Toole, receiver, against B. B. Weirick, Elizabeth C. Myers, and others to quiet title to land. From the decree rendered, Elizabeth C. Myers appeals. There was no offer on the part of Gilchrist to do anything, and that is one of the prerequisites for persons coming into court, demanding that a deed, absolute on its face, be decreed to be a mortgage; they must be willing to do equity.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Suit by George Toole, receiver, against B. B. Weirick, Elizabeth C. Myers, and others to quiet title to land. From the decree rendered, Elizabeth C. Myers appeals. There was no offer on the part of Gilchrist to do anything, and that is one of the prerequisites for persons coming into court, demanding that a deed, absolute on its face, be decreed to be a mortgage; they must be willing to do equity. (Mach v. Hill, 28 Mont. 100, 72 Pac. 307; Cowing v. Rogers, 34 Cal. 648.) A plea of tender, to be good, must show that the sum…
1Opinion of the CourtJustice Holloway
On September 3, 1898, Jeremiah Hore executed and delivered to Elizabeth C. Whitney (now Elizabeth C. Myers) a conveyance in form a deed, by which he transferred to her lot 10, block 6, of Bernard’s addition to Butte. Thereafter an action was commenced by Hore against Whitney to have the deed declared to be a mortgage. Upon the trial of that ease special interrogatories were submitted and answered, and these findings adopted. The court decreed the deed to be a mortgage, and found that the net indebtedness from Hore to Whitney, secured by the mortgage, was $1,785.13. This decree was entered on…
2Cases cited7 opinions
- Montague v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1878
- Moshier v. NortonIllinois Supreme Court · 1881
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1870
- Lynch v. CoviglioUtah Supreme Court · 1898
- Mack v. HillMontana Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hoppin v. LongMontana Supreme Court · 1925
- McCormick v. BrevigMontana Supreme Court · 2007
- Gibbons v. HuntsingerMontana Supreme Court · 1937
- Holt v. SatherMontana Supreme Court · 1928
- City of Los Angeles v. HannonCalifornia Court of Appeal · 1926
12 more not listed; retrieve them via the Exa API.