Collier v. Field
Montana Supreme Court
Appeal from First District, Jefferson County. The material facts are stated in Collier v. Field, 1 Mon. 612. Tbe judgment was rendered by Seevis, J. Tbe subject-matter of tbis case, so far as tbe foreclosure of tbe mortgage is concerned, is res adjudicata. The decree rendered October 12, 1871, is a perpetual bar to any further action upon the mortgage. That decree has never been appealed from, modified or reversed.
Read the full summary
Appeal from First District, Jefferson County. The material facts are stated in Collier v. Field, 1 Mon. 612. Tbe judgment was rendered by Seevis, J. Tbe subject-matter of tbis case, so far as tbe foreclosure of tbe mortgage is concerned, is res adjudicata. The decree rendered October 12, 1871, is a perpetual bar to any further action upon the mortgage. That decree has never been appealed from, modified or reversed. The mandate and notice of appeal in Oollier v. Field, 1 Mon. 612, show that the order of the court, refusing to set aside the sale under the decree, was reversed. The meaning of…
1Opinion of the Court
Wade, O. J".
This was an action brought to set aside a release executed by plaintiff, whereby a certain mortgage and judgment and decree rendered thereon was discharged, and for the foreclosure of such mortgage. The leading question involved in the case is this: When, if at all, and under what circumstances, can courts relieve against mistakes in matter of law, or acts done in ignorance thereof ?
The facts, as shown by the record, are briefly as follows: The defendants, Field, Ervine and Metcalf, were jointly and severally indebted to the plaintiff upon certain promissory notes, which were…
2Cases cited3 opinions
- Hosack v. RogersNew York Court of Chancery · 1840
- Stearns v. TappinThe Superior Court of New York City · 1856
- Joy v. WurtzU.S. Circuit Court for the District of Pennsylvania · 1808
3Cited by2 opinions
- Sunbird Aviation, Inc. v. AndersonMontana Supreme Court · 1982
- Sunbird Aviation, Inc. v. AndersonMontana Supreme Court · 1982