McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- Citation
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- Parent Document
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- Jurisdiction
- Montana (state)
- Effective Date
- 1918-01-07
Other Sections in This Document (15)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
- McCarthy v. State Bank of Townsend, 54 Mont. 319 (1918)
Full Text
849 charsNeither can it be conceded that failure to ascertain the true state of the record in the foreclosure proceedings was necessarily [6] such culpable negligence as to bar McCarthy from relief upon the ground of mistake. The argument is that the means of knowledge were at his command; all he had to do was to go behind the judgment, consult the judgment-roll, and accurately determine therefrom whether the judgment as to the Hamiltons was valid or void; and the underlying theory is that the mistake is one of law, from which relief cannot be had, because every one is presumed to know the law. That such is not the rule in this state has been declared in several decisions, among them Brundy v. Canby, 50 Mont. 454, 148 Pac. 315, wherein certain remarks, quite pertinent here but too extended for quotation, will be found (50 Mont.) at pages 471-473.