McCulloh v. Price
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarice County. Ejectment. The cause Was tried before Hunt, J. Plaintiff had judgment below. A deed of assignment containing a general description of the property assigned is sufficient to pass the title to real estate. In the following authorities deeds, mortgages, and assignments for the benefit of creditors have all been discussed.
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Appeal from, First Judicial District, Lewis and Clarice County. Ejectment. The cause Was tried before Hunt, J. Plaintiff had judgment below. A deed of assignment containing a general description of the property assigned is sufficient to pass the title to real estate. In the following authorities deeds, mortgages, and assignments for the benefit of creditors have all been discussed. (Wilson v. Boyce, 92 U. S. 320-25; Brashear v. West, 7 Pet. 608-14; Pettigrew v. Dobbelaar, 63 Cal. 396; Bids v. O’Donnell, 3 Cal. 59; 58 Am. Dec. 383; Frey v. Clifford, 44 Cal. 343; Sadler v. Immel, 15 Nev. 269;…
1Opinion of the CourtDeWitt, J.
This is an action in the nature of ejectment, in which plaintiff recovered judgment. A motion for a new trial was denied. Prom this order, and from the judgment, defendant appeals.
Respondent contends that the order denying the new trial cannot now be reviewed, because the notice of motion was not filed in time. But we may pass this contention, because the only point made upon the motion for a new trial is also properly preserved in a bill of exceptions; thus becoming part of the judgment-roll, and reviewable on the appeal from the judgment. That point is as follows: Plaintiff relied for title…
2Cases cited14 opinions
- Pond v. BerghNew York Court of Chancery · 1843
- Frey v. CliffordCalifornia Supreme Court · 1872
- Wilson v. BoyceSupreme Court of the United States · 1876
- Pettigrew v. DobbelaarCalifornia Supreme Court · 1883
- Smith v. MitchellMichigan Supreme Court · 1863
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3Cited by5 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Powers v. ScharlingSupreme Court of Kansas · 1902
- G. R. Holcomb Estate Co. v. BurkeCalifornia Supreme Court · 1935
- Mays v. MorrellOregon Supreme Court · 1913
- Knowlton v. DolanIndiana Supreme Court · 1898