Roush v. Fort
Montana Supreme Court
Appeal from Third, District, Lewis and Ola/rke Coimty. The orders referred to in tbe opinion were made by Wade, J. The cause was referred to W. E. Cullen, Esq., who reported findings of facts, which .were approved by the court. Appellants admit that the evidence cannot be reviewed, but claim that the sale should be set aside for fraud shown by the facts found by the referee.
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Appeal from Third, District, Lewis and Ola/rke Coimty. The orders referred to in tbe opinion were made by Wade, J. The cause was referred to W. E. Cullen, Esq., who reported findings of facts, which .were approved by the court. Appellants admit that the evidence cannot be reviewed, but claim that the sale should be set aside for fraud shown by the facts found by the referee. It is a well-settled principle that sales of real property must be conducted with scrupulous care. . Sales will be set aside if the process of courts is used to oppress. King v. Platt, 37 N. Y. 155 ; Lefevre v. Loyraway,…
1Opinion of the CourtBlahe, J.
The,respondent Fort commenced an action against the appellants February 23, 1871, to foreclose a mortgage upon real property, and obtained a judgment IVIarch 16, 1871. On November 10, 1871, the premises 'were sold by the sheriff under an execution to the respondents Fort, Beese and Stoner, who purchased separate parcels, and received certificates of sale therefor. The appellants commenced this action April 23, 1872. The complaint alleged that the sale to the respondents was irregular and void, and prayed that the same be set aside, and that the possession of the property be restored to the…
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- Blood v. LightCalifornia Supreme Court · 1869
- Reeve v. KennedyCalifornia Supreme Court · 1872
- Stephen v. BeallSupreme Court of the United States · 1875
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3Cited by1 opinion
- Kipp v. BurtonMontana Supreme Court · 1903