Kerr v. Blaine
Montana Supreme Court
Appeal from, District Court, Cascade County; M. H. Ewing, Judge. Action by Alex Kerr against ‘William and Robert Blaine. From a judgment in favor of defendants, plaintiff appeals. Appellant contends that section 6128, Revised Codes, is not applicable to the sheriff’s sale by virtue of which appellant claims title to the cattle in question for the following reasons: 1. Because the publicity and notoriety creates an exception in favor of public sales.
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Appeal from, District Court, Cascade County; M. H. Ewing, Judge. Action by Alex Kerr against ‘William and Robert Blaine. From a judgment in favor of defendants, plaintiff appeals. Appellant contends that section 6128, Revised Codes, is not applicable to the sheriff’s sale by virtue of which appellant claims title to the cattle in question for the following reasons: 1. Because the publicity and notoriety creates an exception in favor of public sales. (1 Freeman on Executions, 3d ed., 715; Lowe v. Matson, 140 111. 108, 29 N. E. 1036; SecUer Carriage Co. v. Dry den, 71 111. App. 583; Pennington…
1Opinion of the CourtJustice Holloway
In 1911 Eli Wagoner executed a chattel mortgage upon certain personal property to the First State Bank of Cascade to secure a debt due to the bank. In June, 1912, the debt having matured and not having been paid, the bank placed in the hands of the sheriff of Cascade county a certified copy of the chattel mortgage, with directions to him to execute the power *604of sale contained in it. On June 25 the sheriff sold at auction certain of the property described in the mortgage. Of that property this plaintiff, Alex Kerr, purchased eighteen yearlings, six cows and one bull. In August following,…
2Cases cited2 opinions
- Kelly v. HartSupreme Court of Vermont · 1842
- Rogers v. VailSupreme Court of Vermont · 1844
3Cited by3 opinions
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