Burke v. Inter-State Savings & Loan Ass'n
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by John Burke against tlie Inter-State Saving’s & Loan Association for an accounting and to quiet title. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtJustice Pigott
On July 15, 1892, the plaintiff delivered to- the defendant his promissory note of that day, and, to secure its payment, executed a mortgage on a lot in Great Falls, Montana. In his complaint he states, in substance, that- the note and mortgage have been fully paid and satisfied by him, but that the defendant refuses to surrender the noté or satisfy the mortgage, and retains them; that the defendant refuses to account to- the plaintiff, or to pay over to him an amount which the plaintiff alleges he has paid to the defendant in excess of the debt; and that the defendant claims an interest in…
2Cases cited15 opinions
- In re Estate of JamesCalifornia Supreme Court · 1893
- Herman v. SanteeCalifornia Supreme Court · 1894
- Sharman v. HuotMontana Supreme Court · 1898
- Altman v. School DistrictOregon Supreme Court · 1899
- Alderson v. Bell & WifeCalifornia Supreme Court · 1858
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3Cited by53 opinions
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
- Welch v. FochtSupreme Court of Oklahoma · 1918
- State ex rel. Happel v. District CourtMontana Supreme Court · 1909
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