Kester v. Amon

JUSTICES MYERS and GALEN,

dissenting:

We dissent. In our opinion, the doctrine of the case of Union Central Life Ins. Co. v. Jensen, 74 Mont. 70, 237 Pac. 518, is controlling as respects the rights of the parties to this action. Kester having made purchase of the real estate at decretal sale, as such was entitled to the immediate possession of the premises upon the presentation of the sheriff’s certificate of sale and demand made upon the occupant for possession. The tenant took the property with constructive notice of the mortgage thereon, and the terms and conditions thereof, so that he…