Legal Opinion

McQueeney v. Toomey

Montana Supreme Court

Decided December 4, 1907No. 2,457PublishedCited by 25 opinions

Appeal from District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Action by John H. McQueeney against John Toomey and another. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. A redemption by a judgment debtor entitles the creditor to resell the land for any deficiency. (State v. Sherill, 34 Ind. 57; Settlemire v. Newsome, 10 Or. 446; Allen v. McGaughey, 31 Ark. 253-260; Bodine v..

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Appeal from District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Action by John H. McQueeney against John Toomey and another. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. A redemption by a judgment debtor entitles the creditor to resell the land for any deficiency. (State v. Sherill, 34 Ind. 57; Settlemire v. Newsome, 10 Or. 446; Allen v. McGaughey, 31 Ark. 253-260; Bodine v.. Moore, 18 N. Y. 347; Wood v. Colvin, 5 Hill, 228.) The same rule applies to his successor in interest. {Crosby v. Elkader Lodge, 16 Iowa, 399; Rorer on Judicial…

1Opinion of the CourtJustice Smith

The district court of Silver Bow county tried this cause without a jury, and made the following findings of fact and conclusions of law:

“FINDINGS OF FACT.
“In the above-entitled action, the court finds upon the testimony submitted the following facts:
“First. The court finds that an execution was duly issued out of the above-entitled court in a cause wherein the defendant in this action, John Toomey, was plaintiff, and one M. Y. Conroy was defendant, which execution was delivered to John J. Quinn, sheriff of the county of Silver Bow, state of Montana, a defendant in this cause; and that, in…

2Cases cited14 opinions

  1. McMillan v. RichardsCalifornia Supreme Court · 1858
  2. Flanders v. AumackOregon Supreme Court · 1897
  3. Pollard v. HarlowCalifornia Supreme Court · 1903
  4. Leet v. ArmbrusterCalifornia Supreme Court · 1904
  5. Simpson v. CastleCalifornia Supreme Court · 1878

9 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Hamilton v. HamiltonMontana Supreme Court · 1916
  2. Citizens' National Bank v. Western Loan & Building Co.Montana Supreme Court · 1922
  3. Williard v. CampbellMontana Supreme Court · 1932
  4. Power Mercantile Co. v. Moore Mercantile Co.Montana Supreme Court · 1918
  5. Brown v. TimmonsMontana Supreme Court · 1927

20 more not listed; retrieve them via the Exa API.

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