State ex rel. Thomas Cruse Savings Bank v. Gilliam
Montana Supreme Court
. Appeal from Fifth Judicial District, Jefferson County. Mandamus to compel the issuance of a sheriff’s deed at the expiration of six months from the sale of mortgaged premises under a decree of foreclosure. The writ was denied by Showers, J. Statement of the case by the justice delivering the opinion. This is an appeal from the judgment of the district court rendered in favor of the respondent, upon dismissing the relator’s application for a writ of mandamus.
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. Appeal from Fifth Judicial District, Jefferson County. Mandamus to compel the issuance of a sheriff’s deed at the expiration of six months from the sale of mortgaged premises under a decree of foreclosure. The writ was denied by Showers, J. Statement of the case by the justice delivering the opinion. This is an appeal from the judgment of the district court rendered in favor of the respondent, upon dismissing the relator’s application for a writ of mandamus. Relator, in the district court, asks for the writ commanding the respondent, who was sheriff of Jefferson county, to execute and…
1Opinion of the CourtDb Witt, J.
As noted in the statement, the only question in this case is whether the statute, having been enacted after the mortgage was executed, and which extended the +ime of redemption, is constitutional. Does the statute impair the obligation of the contract, or does it reach the remedy only % This case has been very ably briefed by learned counsel on each side. Appellant’s counsel opens his discussion with the following appropriate remarks:
‘ ‘ This vexed question, involving the subtle distinction between the obligation of a contract and the remedy for its enforcement, after slumbering for a period,…
2Cases cited18 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Green v. BiddleSupreme Court of the United States · 1823
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Edwards v. KearzeySupreme Court of the United States · 1878
- Terry v. AndersonSupreme Court of the United States · 1877
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3Cited by6 opinions
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Welsh v. CrossCalifornia Supreme Court · 1905
- Davidson v. WamplerMontana Supreme Court · 1903
- Mueller v. RenkesMontana Supreme Court · 1904
- Des Moines Joint Stock Land Bank v. NordholmSupreme Court of Iowa · 1934
1 more not listed; retrieve them via the Exa API.