Wyman v. Hall
Montana Supreme Court
1Opinion of the CourtJustice Ford
This action was brought to foreclose a mortgage, covering certain lands in Richland county, given to secure the payment of five promissory notes aggregating $2,300. The complaint is in the usual form.
Defendants answered, admitting the execution and delivery of the notes and mortgage, and alleging as an affirmative defense failure of consideration for the notes and mortgage; that the consideration for notes and mortgage was the execution and delivery by plaintiff to defendants of a warranty deed to the premises; that there was a breach of warranty contained in the deed in that a dwelling-house…
2Cases cited13 opinions
- Sword v. LowIllinois Supreme Court · 1887
- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- Montana Electric Co. v. Northern Valley Min. Co.Montana Supreme Court · 1915
- Stritzel-Spaberg Lumber Co. v. EdwardsMontana Supreme Court · 1914
- Cheatham v. HeadCourt of Appeals of Kentucky · 1924
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3Cited by2 opinions
- Interstate Lumber Co. v. RiderMontana Supreme Court · 1933
- Russell v. AllenMissouri Court of Appeals · 1973