Legal Opinion

First National Bank v. Middleton

Montana Supreme Court

Decided October 27, 1921No. 4,454PublishedCited by 3 opinions

Appeals from District Court, Custer County, in the Sixteenth Judicial District; Boy E. Ayers, a Judge of the Tenth District, presiding. Action by the First National Bank of Reeder, North Dakota, against A. B. Middleton, Sheriff of Custer County, Montana, and another. From the judgment for defendants and an order denying a new trial, plaintiff appeals. Cause submitted on briefs of Counsel.

1Opinion of the Court

MR. COMMISSIONER JACKSON

prepared the opinion for the court.

Action in claim and delivery to recover possession of cattle and horses, or the value thereof, by claim of special ownership and right to immediate possession, based on mortgages to plaintiff by Belle Shirley, dated November 19, 1915, to secure notes aggregating $3,337, past due and owing to plaintiff.

It is alleged that defendants, having actual knowledge of the mortgages, on August 9, 1916, unlawfully' and without consent of the plaintiff, and the mortgages being in full force and effect and valid and prior liens on the horses and…

2Cases cited6 opinions

  1. Cathey v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1911
  2. Barker v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1894
  3. Brownell v. MooreheadSupreme Court of Oklahoma · 1917
  4. Stewart & Co. v. HarmanCourt of Appeals of Maryland · 1908
  5. Marsh v. SynderNebraska Supreme Court · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
  2. Richardson v. Farmers Union Oil CompanyMontana Supreme Court · 1957
  3. Bose v. SullivanMontana Supreme Court · 1930

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