(Download) "Reed v. Richardson Et Al." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Reed v. Richardson Et Al.
- Author : Supreme Court of Montana
- Release Date : January 29, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Mortgage Foreclosure ? Defense Based on Omission to File Renewal Affidavit ? Failure to Plead Statute of Limitations ? Waiver of Statute ? Who not Subsequent Purchaser ? Life of Mortgage. Mortgages ? Foreclosure ? Effect of Failure to Plead Statute of Limitations and Reliance on Failure to File Renewal Affidavit. 1. Defendant in an action to foreclose a first mortgage on real property held by him under a quitclaim deed from the purchaser on foreclosure of the second mortgage, in his answer relied on the failure of plaintiff to file an affidavit of renewal of the mortgage under section 8267, Revised Codes 1921, as a bar to the action; he did not plead the general statute of limitations. Held, that judgment for plaintiff was proper in the absence of a pleading that the debt was barred.
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