Lang v. Cadwell
Montana Supreme Court
Appeal from, Eighth, Judicial District, Cascade County. Foreclosure. Judgment was rendered for the plaintiff below ■ by Benton, J. Statement of the case by Mr. Justice Harwood.
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Appeal from, Eighth, Judicial District, Cascade County. Foreclosure. Judgment was rendered for the plaintiff below ■ by Benton, J. Statement of the case by Mr. Justice Harwood. Frank S. Lang, respondent, and John D. McIntyre, one of the defendants in this action, on December 22, 1890, executed and delivered their promissory note for seven hundred dollars, payable to M. A. Browning one year after said date, with interest, which interest was provided for by two separate interest coupon notes, payable, respectively, on June 22 and December 22, 1891. To secure the payment thereof, the makers of…
1Opinion of the CourtHarwood, J.
It very clearly appears in this case that there is no support for the judgment for recovery of attorney fees in favor of Lang. Such recovery would be allowed if supported by contract or statute. (Bank of Commerce v. Fuqua, 11 Mont. 285; 28 Am. St. Rep. 461; Wortman v. Kleinschmidt, 12 Mont. 316.) But there is no statute or contract shown whereby the cotenant of Lang is obligated to pay attorney fees in an action brought by him to enforce contribution *463of a portion of the mortgage debt on said land. If Lang had been compelled to pay an attorney fee to relieve said land from a portion of the…
2Cases cited4 opinions
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Wortman v. KleinschmidtMontana Supreme Court · 1892
- Quigley v. BirdseyeMontana Supreme Court · 1892
- Pendleton v. CowlingMontana Supreme Court · 1891
3Cited by3 opinions
- Morrison v. Farmers & Traders' State BankMontana Supreme Court · 1924
- Galvin v. Mac Mining & Milling Co.Montana Supreme Court · 1894
- Carpenter v. United StatesUnited States Court of Federal Claims · 2006