The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-11-13
HEIRS OF RANCHER
SWNDLED OUT OF
HUGE ESTATE
CONTINUED from page fivel

Continued from page five)
will get all he should have. il a
matter of Indifference here. for in
view Of the compromising done by
the bank for years on illegsI
paper against the estate, the an
penant is only asking for a re-
turn to him Of his own. See also
Miller v, Lux'S Est. 100 Cal. 500
Wheeler v. Bolton, 90 Cal. 1859.
In Montana, an executor must
account every six months. This
should be a gauge tor semi-an-
nual rests. The highest" legal
rate spoken Of by Woerner here
after is in Montana, 10 per cent
annum and the Bank Of Dillon
frequently charged the estate this
rate on void notes. 649 r. 661 X.
''If the administrator min.
giles the funds Of the estate
with his own, whether he has
used them or not. and q fort.
lori if he has employed them
in his own business, OF foE
his own purposes, he may be
chargeable with interet there.
on at the highest legal rate
compounded for the whole OF
the time during which they
were thus used or mingled. It
has been held that the CON,
pounding Of interest il exact.
ed as one Of the penalties for
gross delinquency and iAteA.
tiOnal violation Of duty"
Ill WOerner Am, Law
Adm. 3rd Ed. See. 51I .. 1765.
AS to the land, = decree should
issue quieting title to the land
against all defendants. The Bank
Of Dillon has had possession Of
plaintiff land under the fraudu-
lent sale since Oct, 1925. The
evidence OF the rental value is
$500 per year, 762 r. 2. The
Bank was a party to this fraudu-
lent sale. It should be made 20
pay this rental value with CON-
pound interest on each item from
the first day Of January, 1926, a.
to the first item Of $16OO-and
with compound interest on $500
from the first day Of each sue
ceeding year and with annual
rests. Gilbert joined in this con-
duct of the bank. He should be
made personally liable for these
items Of rent.
AS to Wenger and wife, Wen
ger and wife are guilty only Of
what is called by Professor Glenn
in his recent work on Fraudulent
Conveyances, clumsy fraud" "a
distinguished from active inten-
territorial fraud. We think that the
Court should extend the liability
over in favor Of the WenHera
against the Bank off Dillon and
]. H. Gilbert for the return Of the
purchase price Of the land, $16,-
63O.18.
a. AS to the Land Bank, il was
not guilty Of clumsy fraud" Ia
SNAANASSS Weso 4AA00CO0 ON oSao bGS41A
of Dillon and Gilbert and doubt.
less by Hazelbaker, another diree'
tor of the Bank Of Dillon. Auth.
GRITTY is found in the books Gol
stripping it Of it's fruits Of this
clumsy fraud" and at the same
time giving it judgment ovel
against the guilty parties for the
amount they have advanced at thu
instance, and to the profit of the
real beneficiaries Of the fraud.
The idea that the facts in thG
case at bar showed a conspiracy
came into the complaint from Nc
Daniel v. Traylor, 1876 u. S. AS
We think the Court will enjo1
reading the opinion again.
ArrowSmith v. Gleason, l29 u
S. 86, Johnson v. Waters, III u
S. $40 are refreshing analyses o
well known elementary principles
This te1nple-that we call so
ciety-
The mind erects the n1inaret
and stately spires,
OF homely honesty consists th