Sackett v. McCaffrey
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. The plaintiff in error, a citizen of New York, brought this action in ejectment against the defendants, citizens of Montana, to recover possession of lot 11 in block 89 in the cits' of Anaconda, Mont., alleged to be of the value of $2,500 and more.
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In Error to the Circuit Court of the United States for the District of Montana. The plaintiff in error, a citizen of New York, brought this action in ejectment against the defendants, citizens of Montana, to recover possession of lot 11 in block 89 in the cits' of Anaconda, Mont., alleged to be of the value of $2,500 and more. The plaintiff in error bases her claim of title to the premises in controversy upon a sheriff’s deed dated May 19, 1902, issued pursuant to an execution sale upon a deficiency judgment against the defendants in error. The defendants in error deny the right of the…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The specification of error mainly relied upon is the admission in evidence of the homestead declaration of Mary McCaffrey over the objection of the plaintiff in error that it was an instrument required by law to be stamped, under the provisions of the act of June 13, 1898, and, being in an unstamped condition, was not entitled to be recorded or admitted in evidence. The act of Congress approved June 13, 1898, entitled “An act to provide ways and means to meet war expenditures, and for other purposes” (30 Stat. 448, 458, c. 448 [U. S. Comp. St. 1901, pp.…
2Cases cited2 opinions
- Collector v. DaySupreme Court of the United States · 1871
- People ex rel. Munson v. BartelsIllinois Supreme Court · 1891
3Cited by1 opinion
- In re HawleyDistrict Court, S.D. New York · 1915