Power Mercantile Co. v. Moore Mercantile Co.
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by the Power Mercantile Company against the Moore Mercantile Company and Firmin Tulloek, as Sheriff of Fergus County. From an order refusing to grant a temporary injunction, plaintiff appeals. The question before the court is the priority between the rights of the Power Mercantile Company and of the chattel mortgagee, Moore Mercantile Company.
Read the full summary
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by the Power Mercantile Company against the Moore Mercantile Company and Firmin Tulloek, as Sheriff of Fergus County. From an order refusing to grant a temporary injunction, plaintiff appeals. The question before the court is the priority between the rights of the Power Mercantile Company and of the chattel mortgagee, Moore Mercantile Company. Section 6836 of the Revised Codes, provides: “Upon a sale of real property the purchaser is substituted to and acquires the right, title, interest and claim of the judgment debtor…
1Opinion of the CourtJustice Pigott
Claiming ownership and right to possession in itself of crops of wheat and oats severed from certain lands owned by it but not in its possession, plaintiff commenced this action seeking a perpetual injunction restraining defendants from interfering with plaintiff’s control and use of the crops and from selling them, and praying also for an injunction pendente lite. The complaint states the facts to be in substance these: On and prior to June 3, 1914, one Samuell was the owner and in possession of certain lands, and on that day his interest was sold to plaintiff under writ of execution issued…
2Cases cited11 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Hamilton v. HamiltonMontana Supreme Court · 1916
- McQueeney v. ToomeyMontana Supreme Court · 1907
- Lynch v. MillsWashington Supreme Court · 1909
- Sparrow v. PondSupreme Court of Minnesota · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Citizens' National Bank v. Western Loan & Building Co.Montana Supreme Court · 1922
- Blinn v. Hutterische Society of Wolf CreekMontana Supreme Court · 1920
- Libby Lumber Co. v. Pacific States Fire InsuranceMontana Supreme Court · 1927
- Samuell v. Moore Mercantile Co.Montana Supreme Court · 1922
- Kester v. AmonMontana Supreme Court · 1927
16 more not listed; retrieve them via the Exa API.