Vose v. Whitney
Montana Supreme Court
Appeal from District Court, Custer County. Underwood v. Birdsell, 6 Mont. 142, was the only case cited or relied upon to sustain the judgment on demurrer in the court below. That case does not apply. The plaintiff is a ranchman. Default had been made in the payment of a debt secured by chattel mortgage, executed by Newton to the other defendant, Whitney.
Read the full summary
Appeal from District Court, Custer County. Underwood v. Birdsell, 6 Mont. 142, was the only case cited or relied upon to sustain the judgment on demurrer in the court below. That case does not apply. The plaintiff is a ranchman. Default had been made in the payment of a debt secured by chattel mortgage, executed by Newton to the other defendant, Whitney. Under the rulings in Eddy v. Kenney, 5 Mont. 502, Key-land v. Badger, 85 Cal. 404, and Tannahill v. Tuttle, 3 Mich. 110, the title to such mortgaged property upon such default vested immediately in the mortgagee. Mr. Chancellor Kent, in his…
1Opinion of the CourtMcLeary, J.
The plaintiff in this complaint in substance alleges the following: “ That on the seventh *388day of June, 1885, the defendant Newton executed and delivered to the defendant Whitney a certain chattel mortgage on forty head of stock-cattle, providing, among other things, that, in case of default, the sheriff of any county in which the mortgaged property might be found, on direction of the mortgagee, should sell said property pursuant to law, and out of the money arising from such sale pay the debt secured by such mortgage, together with all costs and charges of making the sale; and that, upon…
2Cases cited2 opinions
- Underwood v. BirdsellMontana Supreme Court · 1886
- Eddy v. KenneyMontana Supreme Court · 1885
3Cited by6 opinions
- Hanch v. RipleyIndiana Supreme Court · 1890
- Shartzer v. UlmerArizona Supreme Court · 1959
- Maddox v. RaderMontana Supreme Court · 1889
- Love v. HecerMontana Supreme Court · 1923
- Mendilie v. SnellIdaho Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.