Mack v. Hill
Montana Supreme Court
Appeal from District Gowrt, Cascade County j J. B. Leslie, Judge. Action by Wilhelm D. Mack against Kred L. Hill to have a warranty deed declared to bel amortgage. A demurrer to' the complaint was sustained, and plaintiff appeals.
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Appeal from District Gowrt, Cascade County j J. B. Leslie, Judge. Action by Wilhelm D. Mack against Kred L. Hill to have a warranty deed declared to bel amortgage. A demurrer to' the complaint was sustained, and plaintiff appeals. Tbie demurrer is on two grounds, the first .only of any materiality, as the second is the conjunctive and must be overruled. {White v. Allait, 87 Cal. 245; Greenbaum v. Taylor, 102 Oal. 624.) The right of redemption can only be lost by foreclosure and sale. The court ought to have overruled the demurrer and decreed a foreclosure and sale to satisfy the debt, or held…
1Opinion of the Court
MR. COMMISSIONER CALLOWAY
prepared the opinion for the court.
In his complaint, plaintiff, appellant here, alleges that “at all times hereinafter mentioned the plaintiff was, ever since has been., and now is” the owner of certain land in Cascade county, Montana, describing it. That on June 13, 1897, he executed and delivered to the defendant his certain promissory note in the sum of $1,000, due in one year, and a,t the same time executed and delivered to defendant a mortgage deed on said land to secure the payment of the note. ' That on August 25, 1899, ha executed and delivered to the…
2Cases cited3 opinions
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3Cited by9 opinions
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- Toole v. WeirickMontana Supreme Court · 1909
- Smith v. JensenNorth Dakota Supreme Court · 1907
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