Yerrick v. Higgins
Montana Supreme Court
Appeal from District Court, Missoula Cownty; Frank II. Woody, Judge. Action by C. A. Yerrick against George C. Higgins and H. W. McLaughlin, sheriff of Missoula county. From a judgment for plaintiff, defendants appeal. Statement of the case by the Justice delivering the opinion. Action for an injunction to restrain the sale of lots 5 and 6, block 24, in Knowles’ addition to the city of Missoula, Missoula county, Montana, and to quiet plaintiff’ s title thereto.
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Appeal from District Court, Missoula Cownty; Frank II. Woody, Judge. Action by C. A. Yerrick against George C. Higgins and H. W. McLaughlin, sheriff of Missoula county. From a judgment for plaintiff, defendants appeal. Statement of the case by the Justice delivering the opinion. Action for an injunction to restrain the sale of lots 5 and 6, block 24, in Knowles’ addition to the city of Missoula, Missoula county, Montana, and to quiet plaintiff’ s title thereto. On April 22, 1896, one James H. Fussy, the head of a family, was the owner of this property in fee. He had it inclosed, and for some…
1Opinion of the CourtBrantly, C. J.
The defendants ask for a reversal of the judgment on the ground that the admitted facts do not support it. The declaration made by Fussy on April 22, 1896, they contend, was not effective to withdraw the property from the reach of any of his judgment creditors while it remained in his hands, and therefore the plaintiff in this case, the grantee of Fussy and his wife, took it subject to the judgment lien of defendant Higgins. The Code of Civil Procedure provides: ‘1 * * From the time the judgment is docketed it be*505comes a lien upon all real property of the judgment debtor not exempt from…
2Cases cited8 opinions
- Ashley v. OlmsteadCalifornia Supreme Court · 1880
- Ames v. EldredCalifornia Supreme Court · 1880
- Lindley v. DavisMontana Supreme Court · 1887
- Ham v. Santa Rosa BankCalifornia Supreme Court · 1882
- Tromans v. MahlmanCalifornia Supreme Court · 1891
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3Cited by8 opinions
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- McGlauflin v. WormserMontana Supreme Court · 1903
- Esterly v. Broadway Garage Co.Montana Supreme Court · 1930
- Oregon Mtg. Co., Ltd. v. DunbarMontana Supreme Court · 1930
- Ivanhoff v. TealeMontana Supreme Court · 1913
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