Baker v. Power
Montana Supreme Court
Appeal from the District Court, Chotean County. Plaintiffs’ complaint alleges that the mortgage was duly executed. The oath taken by Conrad was a substantial compliance with the requirements of the statute of 1881. See Acts of 1881, p. 3. There are but two parties regarded as distinct legal entities to the mortgage, — • the mortgagor, Clark, and the. mortgagees, a firm of copartners, I. G. Baker & Co.; and the failure of the, notary to recite in his certificate that Conrad…
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Appeal from the District Court, Chotean County. Plaintiffs’ complaint alleges that the mortgage was duly executed. The oath taken by Conrad was a substantial compliance with the requirements of the statute of 1881. See Acts of 1881, p. 3. There are but two parties regarded as distinct legal entities to the mortgage, — • the mortgagor, Clark, and the. mortgagees, a firm of copartners, I. G. Baker & Co.; and the failure of the, notary to recite in his certificate that Conrad was a member of the firm, or made oath in behalf of the firm, or that he made oath in behalf of himself, and as agent for…
1Opinion of the CourtGalbraith, J.
This was an action brought by the appellants, who were the mortgagees of one Clarke, to recover the value of certain property included in the *328mortgage, alleged to have been seized upon execution by the respondent, McDevitt, as sheriff, at the instance of his co-respondents, and by him converted to their use.
The only question necessary for our consideration in this case is as to the validity of the affidavit made to the mortgage. If this is defective, as not being the affidavit required by the statute in relation to this subject, the mortgage itself is void as to the respondents. The affidavit…
2Cited by5 opinions
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