Sklower v. Abbott
Montana Supreme Court
Appeal from District Court, Meagher County. Frank Henry, Judge. Action by Max Sklower against C. P. Abbott to quiet title. From a judgment in favor of plaintiff on refusal of defendant to amend after a demurrer to the answer was sustained, defendant appeals. Statement of the case by the justice delivering the opinion. This was an action to quiet title to real estate situated in Meagher county.
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Appeal from District Court, Meagher County. Frank Henry, Judge. Action by Max Sklower against C. P. Abbott to quiet title. From a judgment in favor of plaintiff on refusal of defendant to amend after a demurrer to the answer was sustained, defendant appeals. Statement of the case by the justice delivering the opinion. This was an action to quiet title to real estate situated in Meagher county. From the complaint and answer on file, the facts presented for the court’s consideration are as follows: A judgment was duly obtained by a creditor of the original owner of the land on September…
1Opinion of the CourtBuck, J.
The first question to be determined is whether the judgment relied upon by appellant was a lien upon the real estate in controversy before it was docketed. The question must be determined by the statute in force at the time. This statute (section 307, Code of Civil Procedure, Division 1, Compiled Statutes 1887) is as follows: “Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him; and from the time the judgment is docketed it shall become a lien upon the real estate of the judgment debtor, not…
2Cases cited2 opinions
- Milligan v. SaveryMontana Supreme Court · 1886
- Wolverton v. NicholsMontana Supreme Court · 1883
3Cited by9 opinions
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- State v. WilsonOregon Supreme Court · 1959
- In Re Stevenson's EstateMontana Supreme Court · 1930
- McMillan v. DavenportMontana Supreme Court · 1911
- Wyman v. JensenMontana Supreme Court · 1902
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