State ex rel. Hopkins v. Stephens
Montana Supreme Court
Appeals from District Cou-rt, Fergus County; Jack Briscoe, Judge. Original application by the State of Montana, on the relation of Roy A. Hopkins, against John H. Stephens, Sheriff of Fergus County, for writ of mandamus to compel him to execute and deliver a sheriff’s deed. From a judgment dismissing the proceeding, and from an order denying a new trial, relator appeals.
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Appeals from District Cou-rt, Fergus County; Jack Briscoe, Judge. Original application by the State of Montana, on the relation of Roy A. Hopkins, against John H. Stephens, Sheriff of Fergus County, for writ of mandamus to compel him to execute and deliver a sheriff’s deed. From a judgment dismissing the proceeding, and from an order denying a new trial, relator appeals. The relator was an attaching creditor subsequent to both the date of the Folsom mortgage and also subsequent to the date of the sale on foreclosure, and by attachment of the land sold on foreclosure he became a redemptioner.…
1Opinion of the CourtJustice Holloway
In August, 1917, ah action was commenced by D. E. Folsom against Henry Brink and others, to foreclose a mortgage upon 160 acres of land in Fergus county, and such proceedings were hadc therein that in May, 1918, a decree of foreclosure was duly given and made, and on June 8 following the land was sold at sheriff’s sale, a certificate of sale issued to Folsom, the purchaser, and a duplicate filed in the office of the county clerk and recorder. On January 25, 1919, Roy A. Hopkins commenced an action against Brink, and procured a writ of attachment to be issued and delivered to the sheriff, who…
2Cases cited4 opinions
- Hamilton v. HamiltonMontana Supreme Court · 1916
- McQueeney v. ToomeyMontana Supreme Court · 1907
- Power Mercantile Co. v. Moore Mercantile Co.Montana Supreme Court · 1918
- Banking Corp. v. HeinMontana Supreme Court · 1916
3Cited by10 opinions
- Libby Lumber Co. v. Pacific States Fire InsuranceMontana Supreme Court · 1927
- Kester v. AmonMontana Supreme Court · 1927
- Brown v. TimmonsMontana Supreme Court · 1927
- Baker v. Union Assurance Society of London, Ltd.Montana Supreme Court · 1928
- Dipple v. NevilleMontana Supreme Court · 1928
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