Princeton Mining Co. v. First National Bank
Montana Supreme Court
Appeal 'from District Court, Silver Bow County. The attachment created a lien upon all of the ground levied upon thereby, and a subsequent sale under the execution and the deed to which appellant was and is entitled from the sheriff will relate back to the date of the levy of the attachment, and should be considered as though bearing that date.
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Appeal 'from District Court, Silver Bow County. The attachment created a lien upon all of the ground levied upon thereby, and a subsequent sale under the execution and the deed to which appellant was and is entitled from the sheriff will relate back to the date of the levy of the attachment, and should be considered as though bearing that date. Drake on Attachments, 5th ed., secs. 224, 225; Bagley v. Ward, 37 Cal. 121-131; Porter v. Pico, 55 Cal. 165-174. The question is presented, What right had Medhnrst in the premises attached at the date of the attachment? He held fifteen per cent of the…
1Opinion of the CourtBach, J.
This is an action that was brought to quiet title to certain real estate situate in Silver Bow County, Montana Territory.
The appeal is from the judgment alone. The transcript on appeal contains the judgment roll, consisting of the complaint, answer, replication, the findings of the court, and exceptions to those findings; request of certain findings which were refused by the court, and exceptions to such refusal; the decree, notiee of appeal, and undertaking on appeal.
The record in this case is incomplete. For instance, the first finding of fact reads as follows: “That, on or about the 29th…
2Cases cited4 opinions
- Brown v. PierceSupreme Court of the United States · 1869
- United States v. AdamsSupreme Court of the United States · 1868
- Story v. BlackMontana Supreme Court · 1883
- Chumasero v. VialMontana Supreme Court · 1879
3Cited by8 opinions
- Adams v. WhiteSupreme Court of Oklahoma · 1913
- Oklahoma State Bank of Wapanucka v. BurnettSupreme Court of Oklahoma · 1917
- Isaacs v. De HonCourt of Appeals for the Ninth Circuit · 1926
- Lloyd v. SullivanMontana Supreme Court · 1890
- Withers v. KemperMontana Supreme Court · 1901
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