Lamont v. Vinger
Montana Supreme Court
Appeals from District Court, Fergus County; Jack Briscoe, Judge. Action by Harry W. Lamont against Ole G. Yinger and another to recover possession of an undivided interest in real estate. Judgment for plaintiff and defendant Yinger appealed from the judgment and from an order denying a new trial. This is a collateral attack upon the order of sale and the order confirming the sale.
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Appeals from District Court, Fergus County; Jack Briscoe, Judge. Action by Harry W. Lamont against Ole G. Yinger and another to recover possession of an undivided interest in real estate. Judgment for plaintiff and defendant Yinger appealed from the judgment and from an order denying a new trial. This is a collateral attack upon the order of sale and the order confirming the sale. Where a recital of the character found in the order of .sale and above cited is found in the records, a sale based thereon is not vulnerable to a collateral attack. (11 R. C. L., secs. 474, 476; Richardson v.…
1Opinion of the CourtJustice Holloway
In January, 1895, Hannah D. Lamont died intestate in Fergus county, leaving as her heirs at law, W. H. Lamont, her husband, and Charles A. and Harry W. Lamont, her sons, the latter then less than four years old. W. H. Lamont was appointed administrator of the estate, and qualified and entered upon the discharge of his duties. The inventory returned disclosed that the property left by the deceased consisted of 1,550 sheep, subject to a chattel mortgage, and 238 acres of land (particularly described), of the appraised value of $600. Claims were presented and allowed, which, with the costs and…
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