Jurgens v. Hauser
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County. LI. F Blake, Judge. Action by Henry Jurgens, sheriff of Lewis and Clarke county, Mont., against Samuel T. Hauser, to recover fees for selling property on foreclosure of a mortgage. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtHunt, J.
The defendant Hauser (appellant in this court) foreclosed a mortgage upon real estate belonging to F. R. Wallace, A. M. Thornburgh, and others. An order of sale and execution was duly issued in said case to the plaintiff and respondent, Jurgens, as sheriff. ■ Pursuant to statute, Jurgens, as sheriff, advertised and sold the lands for $77,100, the defendant bidding them in for the satisfaction of the amount of the claim, including costs. No money was delivered to the sheriff’s hands, but the sum. bid was credited by the sheriff upon the mortgage indebtedness of the defendant. The agreed…
2Cases cited5 opinions
- Connecticut Mutual Life Insurance v. CushmanSupreme Court of the United States · 1883
- Sharvey v. Central Vermillion Iron Co.Supreme Court of Minnesota · 1894
- Litchfield v. AshfordSupreme Court of Iowa · 1886
- Peery v. WrightUtah Supreme Court · 1896
- Morse v. GibbonsCalifornia Supreme Court · 1872
3Cited by3 opinions
- Clover Valley Land & Stock Co. v. LambNevada Supreme Court · 1920
- Lyman v. ThornWyoming Supreme Court · 1916
- Roberts v. IngallsNevada Supreme Court · 1913