Yoder v. Reynolds
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. ActioN for conversion of personalty and for trespass on realty by A. N. Yoder against S. J. Reynolds. From an order refusing a new trial after judgment for defendant, plaintiff appeals. Under the law, as it existed in 1896, the first in time wras first in right; -and plaintiff, by his diligence; obtained a preference which it was the duty of the court to protect.
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Appeal from District Court, Silver Bow County; William Clancy, Judge. ActioN for conversion of personalty and for trespass on realty by A. N. Yoder against S. J. Reynolds. From an order refusing a new trial after judgment for defendant, plaintiff appeals. Under the law, as it existed in 1896, the first in time wras first in right; -and plaintiff, by his diligence; obtained a preference which it was the duty of the court to protect. (Civil Code, Secs. 4483, 4513;-Bump on Fraudulent Conveyances, 183; Greene v. Tanner, 49 Mass. 411; Hubbard v. Taylor, 5 Mich. 155.) In March, 1896, a creditor…
1Opinion of the Court
.MR COMMISSIONER CALLAWAY
prepared the opinion for the court.
In order to arrive at an understanding of the issues involved in this appeal, it is necessary to- state the case somewhat in detail.
It appears from the record that one Jacobson and Hyrum Graehl were engaged in the grocery business in Butte for some years prior to 1894 under the name of Jacobson & Graehl, and that Lorenzo Graehl bought Jacobson out, probably in 1894, and the firm then became Graehl & Graehl. On August 19. 1890, H. Graehl and A. N. Yoder executed to- Hattie 0. Libby a note for $300, due in six months after date, and…
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- State v. GleimMontana Supreme Court · 1895
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- Haverly v. ElliottNebraska Supreme Court · 1894
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3Cited by20 opinions
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