Isbell v. Slette
Montana Supreme Court
Appeal from District Court, Valley County; Frank N. Utter, Judge. Action by T. L. Isbell against K. O. Slette and J. J. Higgins, Judgment for plaintiffs; defendants appeal from it and an order denying tbem a new trial. That a valid chattel mortgage may be executed upon crops to be thereafter planted and grown seems to be supported by the decided weight of authority, under the provisions of statutes similar to the chattel mortgage statute of Montana.
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Appeal from District Court, Valley County; Frank N. Utter, Judge. Action by T. L. Isbell against K. O. Slette and J. J. Higgins, Judgment for plaintiffs; defendants appeal from it and an order denying tbem a new trial. That a valid chattel mortgage may be executed upon crops to be thereafter planted and grown seems to be supported by the decided weight of authority, under the provisions of statutes similar to the chattel mortgage statute of Montana. The rule is stated in the case of Wilkerson v. Thorp, 128 Gal. 221, 60 Pac. 681, as follows: “It has been long settled, and has now become an…
1Opinion of the CourtJustice Holloway
On September 30, 1911, Geo. D. Isbell executed and delivered to the State Bank of Culbertson a chattel mortgage upon the crops to be planted and grown upon his homestead during the season of 1912, as security for a debt due one year thereafter. In November, 1912, the indebtedness not having been paid, the bank, acting through K. O. Slette and J. J. Higgins, its agents, took possession of certain wheat and flax which had been grown upon the Isbell homestead during the season of 1912. T. L. Isbell, a son of Geo. D. Isbell, made claim that in April, 1912, he leased the homestead from his father;…
2Cases cited12 opinions
- Arques v. WassonCalifornia Supreme Court · 1877
- Reynolds v. FitzpatrickMontana Supreme Court · 1899
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Wheeler v. BeckerSupreme Court of Iowa · 1886
- Keyser v. Maas & SchwarzSupreme Court of Alabama · 1895
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3Cited by22 opinions
- Moore v. CrittendenMontana Supreme Court · 1922
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- First National Bank of Oakdale v. BrashearCalifornia Supreme Court · 1927
- Security State Bank v. First National BankMontana Supreme Court · 1927
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