Chauvin v. Valiton
Montana Supreme Court
Appeal from, the Second Judicial Distinct, Silver Bow County, STATEMENT. This case was before the Supreme Court on a former appeal. (See Chauvin v. Valiton, 7 Mont. 581.) One Osborne, a retail liquor dealer in Butte City, Silver Bow County, was indebted to the county for his license (due under § 801, fifth div. Rev. Stats, of 1879) and had failed to pay the same.
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Appeal from, the Second Judicial Distinct, Silver Bow County, STATEMENT. This case was before the Supreme Court on a former appeal. (See Chauvin v. Valiton, 7 Mont. 581.) One Osborne, a retail liquor dealer in Butte City, Silver Bow County, was indebted to the county for his license (due under § 801, fifth div. Rev. Stats, of 1879) and had failed to pay the same. The treasurer of the county seized a piano belonging to the plaintiff, which Osborne held under a lease and was using at the time in connection with his business, and sold it to the defendant (pursuant to § 816, fifth div. Rev.…
1Opinion of the CourtMcCohtstell, C. J.
The action is for replevin for one piano. The defendant establishes title by purchase from the treasurer of the county, on a sale under the provisions of section 816, Revised Statutes, Montana. The case was tried by the court without a jury. Findings of fact and conclusions of law were filed by the court and entered for the plaintiff, for the possession *457of the property, special damages for its detention and costs; from which judgment defendant now appeals to this court.
The facts as pleaded, proved and found by the court in its findings of fact, are as follows, to wit: That from June 6 to…
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