McAdow v. Black
Montana Supreme Court
Appeal from, First District, Gallatin County. I. The complaint alleges that Black, “ by and through his duly authorized agent and attorney in fact, Z. H. Daniels,” executed and delivered a certain promissory note; that Black, ‘ ‘ by and through his duly authorized agent and attorney in fact, Z. H. Daniels,” executed and delivered, “under his hand and seal,” the mortgage sued on; that “ said mortgage was duly acknowledged and certified so as to entitle it to be recorded,” and…
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Appeal from, First District, Gallatin County. I. The complaint alleges that Black, “ by and through his duly authorized agent and attorney in fact, Z. H. Daniels,” executed and delivered a certain promissory note; that Black, ‘ ‘ by and through his duly authorized agent and attorney in fact, Z. H. Daniels,” executed and delivered, “under his hand and seal,” the mortgage sued on; that “ said mortgage was duly acknowledged and certified so as to entitle it to be recorded,” and that Story has some interest or lien which is subject to the lien of said mortgage. Transcript, pp. 17, 18, 20. The…
1Opinion of the Court
Wade, 0. J.
This is an appeal by plaintiff from a judgment in favor of defendants in an action to foreclose a mortgage executed by the defendant Black, by one Z. H. Daniels, his attorney in fact, to the plaintiff, to secure the payment of a certain promissory note for $1,386.12, due in sixty-seven days from date, and dated April 23, 1878.
*483The defendant Story denies the validity of the mortgage, alleging "that the attorney in fact who executed the same was not legally authorized so to do, and claims title by virtue of a purchase by him at sheriff’s sale upon a judgment subsequent to the…
2Cases cited1 opinion
- Taylor v. HolterMontana Supreme Court · 1872
3Cited by7 opinions
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- Vaughn v. SchmalsleMontana Supreme Court · 1890
- State v. CollettIdaho Supreme Court · 1904
- McAdow v. BlackMontana Supreme Court · 1887
- Yank v. BordeauxMontana Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.