Collier v. Field
Montana Supreme Court
Appeal from the First District, Jefferson County. In May, 1872, the court, Murphy, J., overruled tke motion of Ervin and Metcalf to set aside tlie sale of certain property by the sheriff under execution, and they appealed. The facts are stated in the opinion. Where two or more debtors are jointly and severally bound, a release of one is a release of all. Story on Prom. Notes, §425; By les on Bills, §232; Brightly’s Fed.
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Appeal from the First District, Jefferson County. In May, 1872, the court, Murphy, J., overruled tke motion of Ervin and Metcalf to set aside tlie sale of certain property by the sheriff under execution, and they appealed. The facts are stated in the opinion. Where two or more debtors are jointly and severally bound, a release of one is a release of all. Story on Prom. Notes, §425; By les on Bills, §232; Brightly’s Fed. Big. u Release;” Nicholson v. Beville, 4 Ad. & El. 675; Hoffman v. Dunlap, 6 Cal. 183; Tuclterman v. Newhall, 17 Mass. 581. Such a release need not be under seal. The rule of…
1Opinion of the CourtWade, C. J.
This was an action to foreclose a mortgage, upon certain mining property, situate in Jefferson , county, given by defendants to plaintiff, to secure the payment of two certain promissory notes, as follows:
“ Springville, July 19, 1869.
“On or before the first day of June, 1870, for value received, we jointly or severally promise to pay 0. T. Collier, or order, the sum of four hundred dollars, in good bankable gold dust, at eighteen dollars per ounce, with interest at the rate of three per cent per month until paid.
“B. B. FIELD,
“WM. M. EBYIN,
“W. II. METCALF.”
*615“ Spbingville, July 19,1869.
“On or…
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