Largey v. Leggat
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Suit by P. A. Largey against John B. Leggat. Before the trial plaintiff died, and Lnln F. Largey, his administratrix, was substituted; and from a decree in favor of the latter, and-from an order denying a new trial, defendant appeals. Statement of the Case.
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Appeal from District Court, Silver Bow County; William Clancy, Judge. Suit by P. A. Largey against John B. Leggat. Before the trial plaintiff died, and Lnln F. Largey, his administratrix, was substituted; and from a decree in favor of the latter, and-from an order denying a new trial, defendant appeals. Statement of the Case. P. A. Largey brought suit in the district court of Silver Bow county to have the defendant declared to be a trustee, and to hold in trust for the use and benefit of plaintiff certain mining property, known as the “Gray Efigie Fraction Lode Claim,” and to compel…
1Opinion of the Court
MR. JUSTICE. HOLLOWAY,
after stating the case, delivered the opinion of the court.
Notwithstanding the purpose of the action, so far as indicated by the prayer of the complaint, it is very apparent from the pleadings that the only issues raised were: (1) Hid plaintiff and defendant enter into an agreement whereby defendant promised to act as agent for the plaintiff in attending the partition sale, or in bidding for or purchasing the property in controversy t (2) If such agreement was made, was it in writing? And (3) if in writing, did it constitute defendant a trustee of the plaintiff ?
In…
2Cases cited3 opinions
- Levy v. . BrushNew York Court of Appeals · 1871
- Harris v. LloydMontana Supreme Court · 1891
- Dutro v. KennedyMontana Supreme Court · 1889
3Cited by8 opinions
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- Morton v. Union Central Life InsuranceMontana Supreme Court · 1927
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