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eBook details

• Title: Rieckhoff v. Woodhull Et Al.
• Author : Supreme Court of Montana
• Release Date : January 21, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Mortgages ? Foreclosure ? Judgments ? Setting Aside for Mistake ? Attorney and Client ? Attorney Entering into Erroneous Agreed Statement of Facts ? Nonresident Client Misinforming Attorney as to Facts ? Statute of Limitations ? Mistake of Law ? Refusal to Set Aside Judgment Held not Abuse of Discretion. Judgments ? Setting Aside for Mistake ? Application Addressed to Discretion of Trial Court. 1. An application to set aside a judgment under section 9187, Revised Codes, on the ground that it had been taken against the applicant through his mistake, inadvertence or excusable neglect is addressed to the discretion of the trial court, and, in the absence of manifest abuse of such discretion, its action thereon will not be disturbed on appeal; each of such applications must be determined upon its own facts. Mortgages ? Statute of Limitations ? Mortgage cannot Exist Beyond Life of Debt. 2. A mortgage cannot exist beyond the life of the debt or obligation it was given to secure. Judgments ? Setting Aside for Mistake ? Relief may not be Granted for Mistake of Law. 3. Relief under section 9187, Revised Codes, by way of setting aside a judgment on the ground of mistake, may not be had where the mistake was one of law, the rule being based upon the common-law maxim that ignorance of the law excuses no one; otherwise there could be no security in legal rights, no certainty in judicial investigations and no finality in litigation. Same ? Mortgage Foreclosure ? Facts Under Which Rule That Mistake of Foreign Law Mistake of Fact not Available to Applicant Seeking Vacation of Judgment on Ground of Mistake. 4. Where a nonresident of the state employed a local attorney in bringing foreclosure proceedings and, in the belief that the law relating to mortgages in Montana was the same as in his state, failed to advise the attorney of a payment which would have kept the debt alive, and the latter entered into an agreed statement of facts upon the trial of which the court found that the debt was outlawed, the rule (sec. 7487, Rev. Codes) that mistakes of foreign law are mistakes of fact was not available to plaintiff in petitioning the court to set aside the judgment in favor of defendant on the ground of mistake. - Page 23

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