Horsky v. McKennan
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Joseph Horsky against Samuel McKennan and another. From an order granting new trial, defendants appeal. The provisions of section 4549, Revised Codes, could not be avoided or circumvented by the mere recital in the deed of re-conveyance of the payment of debts and the performance of the trust under the deed of assignment. (See Briggs v. Palmer, 20 Barb.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Joseph Horsky against Samuel McKennan and another. From an order granting new trial, defendants appeal. The provisions of section 4549, Revised Codes, could not be avoided or circumvented by the mere recital in the deed of re-conveyance of the payment of debts and the performance of the trust under the deed of assignment. (See Briggs v. Palmer, 20 Barb. (N. Y.) 392; Bussell v. Bussell, 36 N. Y. 581, 93 Am. Dec. 540; Cruger v. Jones, 18 Barb. (N. Y.) 467.) Possession of the premises having been voluntarily…
1Opinion of the CourtJustice Sanner
[1] This is an appeal from an order granting a new trial. The order is general, but the grounds urged in support of it were based upon the action of the trial court in directing a verdict for the defendants and upon sundry .rulings in the admission and exclusion of evidence. If substantial error occurred in respect to any of these, the order must be affirmed upon the assumption that it was made because of such error.
The action is in ejectment, and, according to the complaint, involves certain parcels of land situate in the eity of Helena. Of these, the plaintiff, respondent here, alleges that…
2Cases cited26 opinions
- Redfield v. ParksSupreme Court of the United States · 1889
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
- Hussman v. DurhamSupreme Court of the United States · 1897
- Moore v. BrownSupreme Court of the United States · 1851
21 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Lowery v. Garfield CountyMontana Supreme Court · 1949
- McCarthy v. Union Pac. Ry. Co.Wyoming Supreme Court · 1942
- Jensen Livestock Co. v. Custer CountyMontana Supreme Court · 1942
- Bruch v. Benedict Barnes Bros.Wyoming Supreme Court · 1946
- Cooper v. City of BozemanMontana Supreme Court · 1917
18 more not listed; retrieve them via the Exa API.