Porter v. Hawkins
Montana Supreme Court
Appeal frpm District Court, Custer County; C. R. Loud,, Judge. ActioN by T. J. Porter, administrator of Mary Eussell, deceased, against James B. Hawkins, a sheriff of Custer county. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtJustice Holloway
In 1894, Leb C. Harmon recovered a judgment in the district court of Custer county against D. H. Eussell, and bad execution issued thereon, and placed in the hands of the appellant, Hawkins, who was the sheriff of that county, for service. The shexdff levied the same upon 78 tons of hay, a houses a barn, and two outbuildings. As soon as she became aware of such levy, Mary *487Russell, the wife of D. H. Russell, made a third-party claim to the property seized, and demanded of the sheriff its return to her; but, notwithstanding such notice and claim of ownership on her' part, the sheriff proceeded…
2Cases cited3 opinions
- Holland v. HustonMontana Supreme Court · 1897
- Spear v. Drainage CommissionersIllinois Supreme Court · 1885
- Emerson v. BiglerMontana Supreme Court · 1898
3Cited by11 opinions
- Klind v. Valley County BankMontana Supreme Court · 1924
- Herrin v. SiebenMontana Supreme Court · 1912
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
- Osmers v. FureyMontana Supreme Court · 1905
- Alexander v. StateMontana Supreme Court · 1963
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