Legal Opinion

Knapp v. Andrus

Montana Supreme Court

Decided April 28, 1919No. 3,992PublishedCited by 11 opinions

Appeal from Distmct Cowrt, Beaverhead County; Jos. C. Smith, Judge. Action by W. E. Knapp against F. M. Andrus. Judgment for plaintiff, and from an order in proceedings supplemental to execution tbe First National Bank of Dillon and T. J. Mulany appeal. We admit that there was a deposit-of the deed in escrow in the bank.

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Appeal from Distmct Cowrt, Beaverhead County; Jos. C. Smith, Judge. Action by W. E. Knapp against F. M. Andrus. Judgment for plaintiff, and from an order in proceedings supplemental to execution tbe First National Bank of Dillon and T. J. Mulany appeal. We admit that there was a deposit-of the deed in escrow in the bank. Did that transaction amount to a complete divestiture of title by Andrus? Where was the title to this property while Mrs. Armstrong was in possession up to June 15, 1916 ? Can it be said that it was vested in her? The deed lay as a dormant instrument in the custody of the…

1Opinion of the CourtJustice Cooper

Prank M. Andrus and wife, of Dillon, Beaverhead 'county, [1] Montana, on the twenty-fourth day of April, 1909, executed a written contract and deposited the same in escrow with the First National Bank of Dillon (accompanied by a warranty deed in the usual form), by the terms of which they agreed to sell to Flora Craver Armstrong a farm consisting of 2,395 acres, for a total consideration of $29.937.50. This writing.provided for a cash payment of $2,000, and annual payments on the first day *39of January of each succeeding year until fully paid, with interest at 8' per cent per annum, “as…

2Cases cited10 opinions

  1. County of Calhoun v. American Emigrant Co.Supreme Court of the United States · 1876
  2. May v. EmersonOregon Supreme Court · 1908
  3. Follmer v. RohrerCalifornia Supreme Court · 1910
  4. Ritter v. ScannellCalifornia Supreme Court · 1858
  5. Chadwick v. TatemMontana Supreme Court · 1890

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

3Cited by11 opinions

  1. Marias River Syndicate v. Big West Oil Co.Montana Supreme Court · 1934
  2. Kern v. RobertsonMontana Supreme Court · 1932
  3. Nadeau v. Texas CompanyMontana Supreme Court · 1937
  4. Callender v. Crossfield Oil SyndicateMontana Supreme Court · 1929
  5. Hollensteiner v. AndersonMontana Supreme Court · 1927

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

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