Daley v. Torrey

This action was instituted to obtain the cancellation of record of an oil and gas lease and to recover the statutory penalty with costs and an attorney fee and actual damages alleged to have been suffered by the plaintiffs. (Daley v. Torrey, 69 Mont. 599, 223 Pac. 498.) After the decision upon the former appeal plaintiffs procured a writ of attachment to be issued and property belonging to the defendant Torrey to be seized. Thereafter Torrey transferred his interest in the attached property to the Montana National Bank of Havre, and the new owner appeared in the action and moved to discharge…