Lee v. Laughery
Montana Supreme Court
Appeal from District Court, Carbon Countyj Geo. W. Pier-son, Judge. Action by Levi T. Lee against Thomas E. Laughery. Judgment for plaintiff. From an order denying him a new trial, defendant appeals.
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Appeal from District Court, Carbon Countyj Geo. W. Pier-son, Judge. Action by Levi T. Lee against Thomas E. Laughery. Judgment for plaintiff. From an order denying him a new trial, defendant appeals. Addressing ourselves to the proposition as advanced by appellant that the instruments are a mortgage rather than a conditional sale, we submit the following authorities that the trial court in its conclusions was right and that the instrument in question was nothing more than a conditional sale and, therefore, after December 19, 1911, Laughery had no further interest in the premises. (2 Devlin on…
1Opinion of the CourtJustice Holloway
In March, 1910, W. A. Longley agreed to convey to Thomas E. Laughery nineteen lots in Laurel, and, in consideration thereof, Laughery agreed to convey to Longley the Miller ranch " in Carbon county. Longley made his conveyance, but Laughery, being unable at the time to comply with his part of the contract, conveyed to Longley another ranch known as the “Laughery” *242ranch. The conveyance was by deed absolute in form. At the same time an agreement in writing was entered into between these parties, which recited in effect that the Laughery ranch had been transferred as security for the performance…
2Cases cited3 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Baum v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1913
3Cited by11 opinions
- Epletveit v. SolbergMontana Supreme Court · 1946
- Parsons v. RiceMontana Supreme Court · 1928
- Hale v. Belgrade Co., Ltd.Montana Supreme Court · 1925
- Schauer v. MorganMontana Supreme Court · 1923
- Warren v. Chouteau CountyMontana Supreme Court · 1928
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