(DOWNLOAD) "Jones v. Hall Et Al." by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Jones v. Hall Et Al.
- Author : Supreme Court of Montana
- Release Date : January 21, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Mortgages ? Foreclosure ? Limitations of Actions ? Payment of Interest After Debt Barred ? Revival of Debt ? Evidence ? Insufficiency ? Mortgage of No Effect Beyond Life of Debt ? Inconsistency in Pleading ? When Fatal. Pleading ? When Inconsistency in Pleading Fatal. 1. Inconsistency between two or more allegations contained in a single cause of action is fatal where both cannot possibly be true as a matter of fact, and either is essential to make out a sufficient case. Limitations of Actions ? Debt ? When Only Part Payment Interrupts Running of Statute or Revives Debt. 2. Part payment does not interrupt the running of the statute of limitations or effect a revival of the debt unless it is made to the creditor or someone authorized to act on his behalf. Same ? Mortgage Foreclosure ? Payment of Interest One Year After Due Date of Note ? Finding That Debt Revived Held Unsupported by Evidence. 3. In an action to foreclose a real estate mortgage, in which the defense was that it was barred under section 9029, Revised Codes 1921,