State v. Lewis and Clark County

It appears that ITarry Z. Berry, on May 20, 1920, executed to the state a mortgage upon lands in Lewis and Clark county to secure the payment of a promissory note of that date. Presumably note and mortgage were the evidence of a loan of permanent common school funds made to Berry pursuant to Chapter 124, Session Laws of 1917, p. 201. (Rev. Codes 1921, secs. 1928 et seq.; Chap. 6, Session Laws 1923, p. 19.) On May 20, 1925, Berry, being unable to pay the amount due upon the note, and the state having the right to foreclose the mortgage, conveyed the mortgaged property to the state by quitclaim…