(DOWNLOAD) "Register Life Ins. Co. v. Kenniston" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Register Life Ins. Co. v. Kenniston
- Author : Supreme Court of Montana
- Release Date : January 27, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Real Estate Mortgages ? Methods Authorized for Extension of Mortgage ? Extension by Agreement of Parties ? Length of Time ? Affidavit of Good Faith not Required ? Statutes and Statutory Construction ? Statutes In Pari Materia ? Foreclosure ? Immaterial Findings. Mortgages on Real Property ? Statutes Authorizing Extension. 1. Section 8267, Revised Codes 1921, declaring that a real estate mortgage may be extended by filing of a renewal affidavit, does not provide an exclusive method for revitalizing such a mortgage; the same purpose may be accomplished under section 8264 by an agreement in writing of the parties thereto. Statutes and Statutory Construction ? When Statutes In Pari Materia. 2. Statutes relating to the same subject matter and not inconsistent with one another are said to be in pari materia and should be construed together, the rule, however, not requiring that the provisions of one should be treated as being incorporated into the other. - Page 192 Mortgages ? Extension of Mortgage Under Section 8264, Revised Codes 1921, by Agreement of Parties not Invalid. 3. A written agreement between mortgagor and mortgagee for the extension of a real estate mortgage under section 8264, Revised Codes 1921, the effect of which was to extend its life for more than sixteen years after its original maturity date, did not render it invalid as against a creditor of the mortgagor holding a judgment lien acquired before the date of the agreement, the contention based on the theory that sections 8264 and 8267 being in pari materia, the provision of the latter that the life of a mortgage cannot be extended for more than sixteen years applies to the former, not being tenable; while the provision of 8267 that the right to make the extension may only be exercised within eight years following the maturity of the debt has in effect been incorporated within 8264 by construction, the time to which extension may run is unlimited in the absence of legislative declaration on the subject. Statutes ? Language of Statute not to be Overthrown by Inference and Implication Found in Later Legislation. 4. Where the legislature has expressly spoken in respect to a given matter, its declaration must control in the absence of subsequent legislation equally as express, and may not be overthrown by mere inferences or implications found in later legislation. Mortgages ? Extension by Agreement ? Affidavit of Good Faith not Required. 5. Section 8264, Revised Codes 1921, providing for the extension of real estate mortgages by written agreement, not requiring an affidavit by the mortgagee that the extension was not made with the intent to hinder or defraud creditors, its absence did not render the agreement invalid. Same ? Foreclosure ? Immaterial Finding Does not Affect Validity of Decree. 6. Where in a mortgage foreclosure proceeding a finding, allegedly inconsistent with another, was unnecessary to support the judgment, the validity of the judgment was unaffected thereby.
 "Register Life Ins. Co. v. Kenniston" by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}