Borden v. Lynch
Montana Supreme Court
Appeal from District Court, Deer Lodge County; Geo. B.. Winston, Judge. Action by Kate Borden against D. Lyncb. From a judgment for plaintiff and from an order denying Mm a new trial, defendant appeals. When a controversy arises concerning a mortgagee’s rights-under a mortgage, with anyone interested in questioning it, he is, bound to prove the amount and condition of Ms claim.
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Appeal from District Court, Deer Lodge County; Geo. B.. Winston, Judge. Action by Kate Borden against D. Lyncb. From a judgment for plaintiff and from an order denying Mm a new trial, defendant appeals. When a controversy arises concerning a mortgagee’s rights-under a mortgage, with anyone interested in questioning it, he is, bound to prove the amount and condition of Ms claim. If he has rights he has the means, possessed by no other person, of explaining them, and he is bound to do so. (2 Cobbey on Chattel Mortgages, sees. 756, 760; Hughes v. Gory, 20 Iowa, 399;. Wallach v. Wylie, 28 Kan.…
1Opinion of the CourtChief Justice Brantly
Action for damages for the conversion of certain personal property by the defendant as constable of Anaconda township, Deer Lodge county.
*506Plaintiff states her cause of action in two counts. After alleging the .official capacity of the defendant, the complaint sets out in the first cause of action, in substance, that on July 10, 1905, one Elizabeth Nichols executed a promissory note to the plaintiff for the sum of $850, payable one year after date with interest at the rate of one per cent per month, payable monthly; that, on the same day, to secure the payment of the same according to its…
2Cases cited9 opinions
- Kipp v. SilvermanMontana Supreme Court · 1901
- State v. SchnepelMontana Supreme Court · 1900
- Houghton v. JonesSupreme Court of the United States · 1863
- Bell v. PrewittIllinois Supreme Court · 1872
- Hansen v. MillerIllinois Supreme Court · 1892
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3Cited by15 opinions
- Pelican v. Mutual Life InsuranceMontana Supreme Court · 1911
- State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
- Alley v. Butte & Western Mining Co.Montana Supreme Court · 1926
- Leggat v. PalmerMontana Supreme Court · 1909
- Dempster v. Oregon Short Line RailroadMontana Supreme Court · 1908
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