(Download) "Williams v. Hilger Et Al." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Williams v. Hilger Et Al.
- Author : Supreme Court of Montana
- Release Date : January 17, 1926
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Real Estate Mortgages — Expiration of Lien — Unrecorded Extension Agreement — Purchaser of Property Taking Quitclaim Deed Without Notice of Agreement Held Bona Fide Purchaser — Nature of Title Acquired — Appeal and Error — Equity Cases — Absence of Evidence from Record — Presumption as to Correctness of Courts Findings. Appeal and Error — Equity Cases — Absence of Evidence from Record — Presumption as to Correctness of Findings. 1. On appeal in an equity case (mortgage foreclosure) where the evidence is not presented in the record, the supreme court will assume that the evidence supports the trial courts findings. Mortgages — Agreement to Extend Life of Mortgage — Binding upon Parties Though not Recorded. 2. An agreement extending the life of a mortgage may be made under either section 8267 or section 8264, Revised Codes, and is binding between the parties though not recorded. Same — Purchaser of Real Property Without Notice of Outstanding Mortgage and Taking Quitclaim Deed a Bona Fide Purchaser and Entitled to Protection as Under Any Deed Containing Warranty. 3. One purchasing real property for a valuable consideration and taking a quitclaim deed without notice of an outstanding unrecorded conveyance or obligation creating a lien thereon, or of facts which, if followed up, would have led to knowledge thereof, is entitled to the same protection as under a deed of bargain and sale containing a covenant of warranty; in such a case he is a bona fide purchaser without notice, absence of warranty of title and encumbrances or liens not raising a presumption of a want of bona fides on his part. (Overruling McAdow v. Black, 6 Mont. 601, 13 P. 377, and subsequent Montana cases holding otherwise.) Same — Case at Bar Under Above Rule. 4. In a mortgage foreclosure suit, the answering defendant who some six months after the lien of the mortgage had expired had purchased the property from the mortgagors, took a quitclaim deed and recorded it at once, in ignorance of the fact that an extension agreement had been entered into between the assignee of the mortgage and the mortgagors which, however, had never been recorded. The trial court adjudged that the defendant purchaser took the property under his quitclaim deed with implied notice of the unrecorded extension Page 369