Marcum v. Coleman
Montana Supreme Court
Appeal from, the District Court, Deer Lodge County. STATEMENT. An action in claim and delivery was brought by the plaintiffs against the defendants for the possession of certain horses, seized by the latter, under an execution in a suit of creditors ¡against a mortgagor, who had executed a mortgage on the same to the plaintiffs. An affidavit and undertaking having been filed, the said horses were turned over to the plaintiffs by the coroner of the county, acting as sheriff.
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Appeal from, the District Court, Deer Lodge County. STATEMENT. An action in claim and delivery was brought by the plaintiffs against the defendants for the possession of certain horses, seized by the latter, under an execution in a suit of creditors ¡against a mortgagor, who had executed a mortgage on the same to the plaintiffs. An affidavit and undertaking having been filed, the said horses were turned over to the plaintiffs by the coroner of the county, acting as sheriff. The complaint set forth a cause of action in the following language:— “The plaintiffs complain and allege: First. That…
1Opinion of the CourtBach, J.
This is an appeal from a judgment which was entered upon an order sustaining a demurrer to the complaint. *200The complaint sets out that the plaintiffs, by virtue of a certain chattel mortgage, are entitled to the immediate possession of the chattels mentioned in the complaint; that the defendants have, at the instance of certain creditors of the mortgagor, wrongfully seized and levied upon said chattels. The demurrer is based upon, first, what is claimed to be a defective affidavit to the mortgage; second, that the complaint does not allege that the mortgage was filed in the proper county; and,…
2Cases cited1 opinion
- Ford v. McMasterMontana Supreme Court · 1886
3Cited by3 opinions
- Marchand v. RonaghanIdaho Supreme Court · 1903
- Palmer v. McMasterMontana Supreme Court · 1891
- Wise v. JefferisCourt of Appeals for the Ninth Circuit · 1892