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23 Mont. 425

Noyes v. Ross

Montana Supreme Court

Decided December 18, 1899

Montana Supreme Court · decided 1899-12-18

JMJillburn, Judge. -Action by Daniel R. Noyes and others against A. E. Ross and another. From a judgment in favor of defendants, plaintiffs appeal. Statement oe the Case.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1899-12-18

How this case has been cited

Cited by 12 later decisions — most recently May 1941

1 federal appellate · 3 district · 8 state decisions

40189919001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Chief Justice Brantly:

¶1I concur.

¶2Mr. Justice Pigott: I am not entirely satisfied, upon the facts as they appear in this case, that the provision of the mortgage permitting the actual and necessary living expenses of one of the mortgagors to be paid out of the proceeds of the mortgaged personalty does not, of itself, invalidate the mortgage as to the plaintiffs; I am inclined to think, however, that the better reasoning supports the conclusion of the opinion, that such provision does not, per se, necessarily avoid the mortgage as to creditors, and I therefore concur. Upon the other points decided I concur also.

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