Marcum v. Coleman
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Claim and delivery. Judgment was rendered for the defendants by Durfee, J. A full compliance with the statute is shown; the affidavit being made, as is required, by all the parties to the mortgage. (Comp. Stats, p. 1068, fifth div.
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Appeal from Third Judicial District, Deer Lodge County. Claim and delivery. Judgment was rendered for the defendants by Durfee, J. A full compliance with the statute is shown; the affidavit being made, as is required, by all the parties to the mortgage. (Comp. Stats, p. 1068, fifth div. Gen. Laws, § 1538.) It may be claimed, however, that the affidavit being subscribed in the partnership name, it purports to be made by the partnership as such, and that it is impossible for a partnership to make an affidavit. But in the absence of any showing in the record to the contrary, where, as in this…
1Opinion of the CourtHarwood, J.
This is an action of claim and delivery for the recovery of the possession of sixty-five head of horses, described in the complaint. At the time of the alleged wrongful taking complained of, the defendant Lew Coleman was the sheriff of Deer Lodge County, aud defendant, James Johnson was his deputy. As shown by the record, the possession of said property was taken by said sheriff and his deputy under certain valid writs of attachment and execution duly issued in certain actions at law by two creditors of Samuel Ward to recover payment of debts. The plaintiffs in this action base their claims…
2Cases cited3 opinions
- Leopold v. SilvermanMontana Supreme Court · 1888
- Butte Hardware Co. v. SullivanMontana Supreme Court · 1888
- Baker v. PowerMontana Supreme Court · 1888
3Cited by2 opinions
- Reynolds v. FitzpatrickMontana Supreme Court · 1899
- Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1896