Vantilburg v. Black
Montana Supreme Court
Appeal f'rom Third District, Jefferson County. This action was tried by Wade, C. J., without a jury. Appellant had a remedy at law. No appeal was taken from the judgment, and she did not attempt to interfere with it until a year after she had notice of the deficiency judgment. Loga/n v. Hillegass, 16 Cal. 200. Where a married woman fails to interpose the defense of co-verture she is estopped from availing herself of such fact after judgment to avoid the levy of an execution.
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Appeal f'rom Third District, Jefferson County. This action was tried by Wade, C. J., without a jury. Appellant had a remedy at law. No appeal was taken from the judgment, and she did not attempt to interfere with it until a year after she had notice of the deficiency judgment. Loga/n v. Hillegass, 16 Cal. 200. Where a married woman fails to interpose the defense of co-verture she is estopped from availing herself of such fact after judgment to avoid the levy of an execution. McDaniel v. Carver, 40 Ind. 250 ; Elson v. O’Dowd, id. 300; Wagner v. Ewing, 44 id. 441; Freeman on Judgm., §§ 502,…
1Opinion of the CourtBlaKis, J.
This action was brought by the respondents to procure the annulment of a deficiency judgment, which had been entered against Rosa S.Yantilburg, the wife of WilliamYantilburg, in favor of Leander M. Black, the appellant,, and enjoin said Black from collecting the same by execution. The court below struck out parts of the complaint and answer and then rendered judgment for Mrs. Yantilburg on the pleadings.
An examination of the following facts will enable us to understand the questions which must be considered. William Yantil burg borrowed of Black before November 6, 1872, six thousand dollars,…
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