Pendleton v. Cowling
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Action on promissory notes, the payment of which was alleged to have been assumed by defendants Shober and Adams by virtue of their acceptance of a declaration of trust.
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Appeal from First Judicial District, Lewis and Clarice County. Action on promissory notes, the payment of which was alleged to have been assumed by defendants Shober and Adams by virtue of their acceptance of a declaration of trust. Their demurrer to the complaint was sustained by Hunt, J. . The main question to be determined is, can a mortgagee maintain an action against the grantee of his mortgagor, who has assumed the payment of the mortgage as a part of the consideration of the purchase of the equity of redemption? “The element which lies at the bottom of the assumption of payment of a…
1Opinion of the CourtBlake, C. J.
This action was commenced October 17, 1889, by Pendleton, the plaintiff and appellant, against Cowling, Towner, Shober, and Adams, to recover the amount of the principal and interest of certain promissory notes. The court below sustained, December 30, 1890, the demurrer of Shober and Adams to the second amended complaint, and, upon the election of the plaintiff to abide by his pleadings, entered judgment for said defendants for their costs.
We are required to review this ruling, and the material facts should be fully stated. It appears that Pendleton owned, April 7, 1887, a certain tract of…
2Cases cited14 opinions
- Railroad Co. v. GrantSupreme Court of the United States · 1879
- Gordon v. United StatesSupreme Court of the United States · 1864
- Seymour v. FreerSupreme Court of the United States · 1869
- Elliott v. SackettSupreme Court of the United States · 1883
- Shepherd v. MaySupreme Court of the United States · 1885
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3Cited by3 opinions
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