Noyes v. Ross
Montana Supreme Court
Appeal from District Court, Yellowstone County; George-JR. JMJillburn, Judge. -Action by Daniel R. Noyes and others against A. E. Ross and another. From a judgment in favor of defendants, plaintiffs appeal. Statement oe the Case.
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Appeal from District Court, Yellowstone County; George-JR. JMJillburn, Judge. -Action by Daniel R. Noyes and others against A. E. Ross and another. From a judgment in favor of defendants, plaintiffs appeal. Statement oe the Case. The plaintiffs, Daniel R. Noyes et al., brought this action against A. E. Ross and A. A. Fenske, co-partners under the firm name of A. E. Ross & Co., and L. H. Fenske, defendants, in aid of supplemental proceedings to have declared void a Chattel mortgage executed and delivered by A. E. Ross and A. A. Fenske, under the firm name of A. E. Ross & Co., to L. H. Fenske,…
1Opinion of the CourtJustice Hunt
*434The contention of appellants is that the mortgage was void because it contained a provision for the use and benefit of the mortgagors, by providing that out of the proceeds of the sales of the property covered by the mortgage the mortgagors were permitted to retain the necessary living expenses of one of them, a,nd because it was provided that the mortgagors might sell the mortgaged property at retail, in the usual and general way of business, for cash, or on not to exceed thirty days’ credit to responsible parties. We glean from the record the following facts, which should be considered in…
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