Legal Opinion

Miller v. Gates

Montana Supreme Court

Decided March 20, 1899No. 1,049Published

Appeal from District Courts Lewis and Clarice Country; H. N. Blalce, Judge. Suit by John R. Miller against A. R. Gates, Gates, Townsend & Co., and the Mutual Benefit Life Insurance Company. From a decree for defendants, plaintiff appeals. The decision of this Court in the case of Mutual Benefit Life Insurance Co. v. Wvnne, eliminates many questions from this case. We contend, however, that the decision in that case is not decisive of the case at bar.

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Appeal from District Courts Lewis and Clarice Country; H. N. Blalce, Judge. Suit by John R. Miller against A. R. Gates, Gates, Townsend & Co., and the Mutual Benefit Life Insurance Company. From a decree for defendants, plaintiff appeals. The decision of this Court in the case of Mutual Benefit Life Insurance Co. v. Wvnne, eliminates many questions from this case. We contend, however, that the decision in that case is not decisive of the case at bar. The decision in that case, as we understand it, is based on the grounds that a curative act was passed by the Legislature, making valid a void…

1Per curiam

Action to set aside a decree of foreclosure of a mortgage upon certain real estate situate in Helena, Montana, in aid of an execution.

The facts, briefly, are: On August 1, 1890, A. R. Gates obtained a loan from the defendant insurance company of $35,000, and secured the same by a mortgage upon lots 15 and 16, block 42, in Helena. On September 10, 1891, Gates and his wife conveyed the property to defendant Gates, Townsend & Co., a corporation, subject to the mortgage. On June 16, 1894, under proceedings instituted for that purpose in the *309District Court of the First Judicial District of…

2Cases cited4 opinions

  1. Mutual Benefit Life Insurance v. WinneMontana Supreme Court · 1897
  2. Vaughn v. SchmalsleMontana Supreme Court · 1890
  3. Zion Co-operative Mercantile Ass'n v. MayoMontana Supreme Court · 1899
  4. Black v. CaldwellU.S. Circuit Court for the District of Montana · 1897

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