Norris v. Heald
Montana Supreme Court
Appeal from Fifth Judicial District, Madison County. Foreclosure. Plaintiff’s demurrer to defendant’s answer was sustained by Galbraith, J„
1Opinion of the CourtBlake, C. J.
This action was commenced to foreclose three mortgages which were given to secure the payment of certain promissory notes. The court below, in passing upon a demurrer' to the answer, decided that the case of Bass v. Buker, 6 Mont. 442, was applicable to the issue of law raised by the pleadings, and judgment was entered for the mortgagors.
It appears from the record that Charles P. Bradley, Sr., made, in the year 1877, a pre-emption filing upon the tract of land which is described in the pleadings and mortgages. Bradley died in the year 1879, and the answer alleges that “the final proof in said…
2Cases cited17 opinions
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- Mellison v. AllenSupreme Court of Kansas · 1883
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3Cited by7 opinions
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