Ettien v. Drum
Montana Supreme Court
Appeal from District Court, Yellowstone County; C. H. Loud, Judge. Action by William Ettien against U. B. Drum. Erom an order denying him a new trial, defendant appealed. The title to the cattle in question passed to respondent when the brand was transferred to him by delivery of the bill of sale. The ownership of cattle running upon the common range is determined by the ownership of the brand.
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Appeal from District Court, Yellowstone County; C. H. Loud, Judge. Action by William Ettien against U. B. Drum. Erom an order denying him a new trial, defendant appealed. The title to the cattle in question passed to respondent when the brand was transferred to him by delivery of the bill of sale. The ownership of cattle running upon the common range is determined by the ownership of the brand. Section 4191 of the Civil Code does not require any such impossibility as the actual delivery of every animal running on the range where the whole band of cattle with the brand has been transferred.…
1Opinion of the CourtJustice Holloway
This is an action in claim and delivery, brought by Ettien against Drum to recover the possession of forty-four head of range cattle, or for their value in case delivery of possession could not be made. In his answer the defendant denies that plaintiff, Ettien, was the owner or entitled to the possession of any of the cattle, and then sets forth that he himself purchased the cattle in controversy on October 1, 1900, from William Deaton and Austin Warr, who were the owners and in possession of the cattle at the time of his purchase, and that he paid for them a valuable consideration, and took…
2Cases cited1 opinion
- Penn v. OldhauberMontana Supreme Court · 1900
3Cited by8 opinions
- May v. City of LaramieWyoming Supreme Court · 1942
- State Ex Rel. Nagle v. StaffordMontana Supreme Court · 1934
- Mechanics & Metals National Bank of New York v. PingreeIdaho Supreme Court · 1924
- Ettien v. DrumMontana Supreme Court · 1907
- Ettien v. DrumMontana Supreme Court · 1909
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