Garry v. Musselshell Mercantile Co.

This is an appeal by Musselshell county and John J. Popo-vich, its sheriff, from a judgment foreclosing the mortgage provisions of a deed of trust executed by Musselshell Mercantile Company, hereafter called the company, to William M. Ulm, as trustee, and a supplemental trust deed executed by the company to Ulm’s successor as trustee, W. F. Garry.

The original trust deed was executed on March 6. 1922, in furtherance of a design of the company to create a bonded indebtedness not exceeding $30,000, for the purpose of providing funds for the payment of outstanding indebtedness of the company, and…