D. Goode & Son v. Rawlins

Montgomery, Judge.

This was a rule against the sheriff to pay money over to the plaintiffs, under the following circumstances: D. Goode & Son were judgment creditors of one Merritt. The sheriff, at the instance of other judgment creditors, had levied on defendant’s one half interest in a warehouse, on which one Bozeman held a mortgage for some $4,000 00. On the day of sale, the plaintiffs in fi. fa. levied the mortgages, and Anderson, the son-in-law of the mortgagor, representing his father-in-law, who was in Montana, agreed that the entire fee in the premises might be sold, the mortgagee…