Leggat v. Leggat
Montana Supreme Court
Appeal from Second Judicial District, Silver Boio County. Action to compel reconveyance of land and for an accounting for profits. The cause was tried before McHatton, J. Plaintiff had judgment below. Statement of facts, prepared by the judge delivering the opinion.
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Appeal from Second Judicial District, Silver Boio County. Action to compel reconveyance of land and for an accounting for profits. The cause was tried before McHatton, J. Plaintiff had judgment below. Statement of facts, prepared by the judge delivering the opinion. This action was brought by plaintiff to compel the reconveyance of real estate from defendant to her, alleged to have been obtained from plaintiff by fraud, also for an accounting for profits realized by defendant in sales of portions of the premises. The plaintiff alleges in her complaint that she is a resident of the state of…
1Opinion of the CourtDe Witt, J.
The appellant contends that his challenge for cause to juror Heilig should have been sustained. But, if this were error, it is not now material, because the findings were advisory, and were adopted by the court, and are not now attacked.
Appellant claims that it was error to allow the introduction in evidence of the notice of lis pendens filed by plaintiff. The notice was objected to as immaterial and irrelevant. But we are of opinion that, as counsel said when offering the notice, it was material for the purpose of framing the decree if judgment should, as it did, go for plaintiff. There were…
2Cited by3 opinions
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Power v. LenoirMontana Supreme Court · 1899
- Zickler v. DeeganMontana Supreme Court · 1895