Webster v. Sherman
Montana Supreme Court
Appeal from, District Court, Meagher County; W. R. C. Stewart, Judge. Action by Sadie A. Webster, against C. A. Sherman, Sheriff of Meagher county. Judgment for plaintiff. Defendant appeals from the judgment and an order denying him a new trial. At the time of the alleged sale, nothing whatever was done toward making a delivery of the cattle and horse, except to transfer the brand on the animals and have the same recorded in the name of the wife.
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Appeal from, District Court, Meagher County; W. R. C. Stewart, Judge. Action by Sadie A. Webster, against C. A. Sherman, Sheriff of Meagher county. Judgment for plaintiff. Defendant appeals from the judgment and an order denying him a new trial. At the time of the alleged sale, nothing whatever was done toward making a delivery of the cattle and horse, except to transfer the brand on the animals and have the same recorded in the name of the wife. This was insufficient to constitute a delivery or change of possession of the property. (Harmon v. Hawkin, 18 Mont. 525, 46 Pac. 439; Story v.…
1Opinion of the CourtJustice Holloway
This is an action in claim and delivery, brought by Sadie A. Webster against the sheriff of Meagher county, to recover the possession of certain personal property alleged to have been wrongfully taken and detained by the defendant, or to recover its value, alleged to be $4,185, in case recovery of the possession could not be had, and for $500 damages for the wrongful detention of the property. The property consisted of stock cattle, horses, some hay, a buggy, and a single harness. The answer denies that the plaintiff was ever the owner or entitled to the possession of the property. The prices…
2Cases cited13 opinions
- Kelly v. McKibbenCalifornia Supreme Court · 1880
- Harper v. State ex rel. AdamsonIndiana Supreme Court · 1885
- Porter v. BucherCalifornia Supreme Court · 1893
- Thornton-Thomas Mercantile Co. v. BrethertonMontana Supreme Court · 1905
- Dodge v. JonesMontana Supreme Court · 1887
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3Cited by10 opinions
- Pass v. StephensArizona Supreme Court · 1921
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- Western Mining Supply Co. v. QuinnMontana Supreme Court · 1909
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