Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 39

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...5214.) &me--Relemption--Accounting--Use and Occupation--Rents. 6. While a mortgagee who personally retains possession of the mort-gaged premises, or who, when not in actual possession, does not exer-cise reasonable care in selecting an agent to look after it, or whose agent fails in this respect, is chargeable on redemption with the rea-sonable value of the use and occupation thereof, to the amount of its fair rental value for the period, he is chargeable only with rents actu-ally received where he depends on the interposition of an agent in the selection of whom reasonable care was exercised and who likewise exercised such care to keep the property rented at a fair rental. Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. SUIT by George Toole, receiver, against E. B. Weirick, Elizabeth C. Myers, and others to quiet title to land. From the de cree rendered, Elizabeth C. Myers appeals. Modified and remanded. Messrs. Breen & Hogevoll, and Mr. N. A. Rotering, for Appellant. There was no offer on the part of Gilchrist to do anything, and that is one of the prerequisites for persons coming into court, demanding that a deed, absolute on its face, be decreed to be a mortgage; they must be willing to do equity. (Mack v. Hill, 28 Mont. 100, 72 Pac. 307; Cowing v. Rogers, 34 Cal. 648.) A plea of tender, to be good, must show that the sum tendered was sufiicient to discharge the debt. (Bailey v. Trozell, 43 Ind. 432.) To entitle a pledgor to return the pledges, his tender must consist of both principal and interest. (Woodworth v. Morris, 56 Barb. (N. Y.) 97.) A tender which does not include the interest is insufficient. (McClenden v. West, 20 S. C. 514.) Such a tender must be an actual tender and not a mere offer....show more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123694612X
  • 9781236946126